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Committee of the Whole Packet 2007 12-18-07 D 1 0 United City of Yorkville o " 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 L�^ Telephone: 630-553-4350 r ®� �wot ® Fax: 630-553-7575 ® KInJ OU¢Ay ®� LE q�°AV AGENDA COMMITTEE GE THE WHOLE Tuesday, December 18, 2007 7 :00 p.m. City Council Chambers Presentations : None Detail Board Report (Bill List) : Items Recommended for Consent Agenda : 1 . PC 2007-36 Pobol Rezoning 2. PC 2007-38 Menard's 6"' Addition Preliminary/Final Plat 3 . PC 2007-37 Blackberry Woods PUD Amendment 4. EDC 2007-49 Yorkville Crossing Unit 1 (Wal-Mart) Final Plat — Recording Time Extension Request 5 . EDC 2007-50 Integrated Transportation Plan - Illinois Tomorrow Grant Funding Match 6. EDC 2007-52 Aurora Area Convention & Visitors Bureau — Intergovernmental Cooperation Agreement Renewal 7. 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 Moor: 1 . No Report. City Administrator: 1 . COW 2007-47 Meeting Structure and Schedule for 2008 Committee of the Whole December 18, 2007 Page 2 Park Board: 1 . No Report. Public Works Committee: 1 . PW 2007- 182 Well No. 4 Rehabilitation Contract 2. PW 2007- 193 In-Town Road Program — Roadway Change Order #3 Economic Development Committee: 1 . No Report. Public Safety Committee: 1 . PS 2007-34 Somonauk Street (Rt. 47 — Colton) — On-Street Parking Ban Administration Committee: 1 . ADM 2007- 113 Sunflower Estates SSA 2006- 119 Abatement Ordinance 2. ADM 2007- 123 2008-2009 Tax Levy Ordinance Additional Business : UNITED CITY OF YORKVILLE WORKSHEET COMMITTEE OF THE WHOLE Tuesday, December 18, 2007 7 :00 PM CITY COUNCIL CHAMBERS ----------------------------------------------------------------------------------------------------------------- --------------------- DETAIL BOARD REPORT (BIM. LIST): ❑ Moved forward to CC ❑ As presented ❑ As amended ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED FOR CONSENT AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PC 2007-36 Pobol Rezoning ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2007-38 Menard's 6th Addition Preliminary/Final Plat ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ------------------------------------------ ----------------- -------------------------------------------------------------------------- 3 . PC 2007-37 Blackberry Woods PUD Amendment ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ---------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2007-49 Walmart/Yorkville Crossing Unit 1 Final Plat — Recording Time Extension Request ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5 . EDC 2007-50 Illinois Tomorrow Grant Funding Match ($ 10,200) ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ------------------- ------------------------------------------------------------------------------------------------------------------- 6. EDC 2007-52 Aurora Area Convention & Visitors Bureau — Intergovernmental Cooperation Agreement Renewal ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. COW 2007-44 Cable and Video Competition Bill ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- CITY ADMINISTRATOR: --------------------------------------------------------------------------------------------------------------------------------------- 1 . COW 2007-47 Meeting Structure and Schedule for 2008 ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------- --------------------------------- ------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2007- 182 Well No. 4 Rehabilitation Contract ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2007-193 In-Town Road Program — Roadway Change Order #3 ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- l . PS 2007-34 Somonauk Street (Rt. 47 — Colton) — On-Street Parking Ban ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- 1 . ADM 2007- 113 Sunflower Estates SSA 2006-119 Abatement Ordinance ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------- ------------ ------------------------------------------------------------------ 2. 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J M N (O N M r N 00 O r o0 •- O N ,q N (fl � d' O CO O O r N (O 6�x ti (0 to .- CO) N N V O N N E9 (f? ti � ti coo O O O N N N co CD co CD N N N T r T T W J J W F- ® X w Q. LL LLI LO ® J J J W N a 00ou www0m >- >- > (n V D a, a an CL ? o W (n JJ J .J J la- 1a la- FM F m 00000 Z F- Reviewed By: Agenda Item Number J� Mal Legal ❑ EST. 1836 Finance ❑ Engineer 1:1 Trackin= b Number 0 I� y City Administrator ❑ �O Consultant ❑ PC 2007-36 <LE ?? F1 Agenda Item Summary Memo Title: Pobol Property Meeting and Date: COW/City Council/December 18, 2007 Synopsis: Zoning classification determination for property annexed Council Action Previously Taken: Date of Action: October 9, 2007 Action Taken: Approval of Annexation of property Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See Attached Report 2`��v ciT o United City of Yorkville Memo T 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 Telephone : 630-553-8545 p Fax: 630-553-3436 CE Date: December 4, 2007 To: EDC From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-36 Pobol Property Zoning Review Background The Plan Commission reviewed the request at the November 14, 2007 meeting and recommended re-zoning to Estate District Zoning Classification for the property with a vote of 9 ayes and 0 no. Findings noted at the meeting regarding the zoning classification included: - The general uses of the property within the general area of the property include large estate lot residential and agricultural uses. R- 1 zoning is more intense than these uses and Estate District is more consistent with the surrounding context - Impact to infrastructure and roads were noted as a concern if the property is left in an R- 1 district. The density allowable in the R- 1 district would be higher than the current infrastructure could handle in this area. This property consists of approximately 4.5 acres and is accessed via a private lane off of Lisbon Road. The Annexation Plat is attached for reference. City Council approved the annexation of this property on October 9, 2007. Zoning Ordinance 10-4-5 requires all land annexed into the City be classified as R- I Residential. Although, the petitioner is not requesting a re-zoning from this classification, 10-4-5 does require the Plan Commission to conduct a public hearing and make findings and recommendations with respect to the appropriate zoning classification or classifications of the annexed land and transmit to the Mayor and City Council. Comprehensive Plan Recommendations: The Comprehensive Plan Land Use Plan recommends Transitional Neighborhood for the area this property is within. 1 The Comprehensive Plan Land Use Plan recommends Office/Research/Industrial north of the subject property based upon the planned Prairie Parkway alignment and future intersection with Route 71 . The Comprehensive Plan Land Use Plan recommends Estate Neighborhood south of the subject property. The property to the west was annexed to the City in September 2006 and rezoned to A- 1 . Staff Comments: 1 . The existing use of the property is most similar to the uses permitted in the Estate Residential District. 2. Estate District and Residential R- 1 District zoning classification of the property are both appropriate zoning which would allow for the continuation of the existing use of the property and be consistent with the future land uses recommended by the Comprehensive Land Use Map. 3. In the event a development plan is proposed for this property in the future, the zoning classification may need to be evaluated based on the proposed plan regardless of the zoning classification recommended at this time. Findings Necessary for a Zonin¢ Amendment shall be based on the following: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11 -4-76) 2 �.`' ��r—`r .•fir I � � J. t t a Pob 1 Pr,&Mty t t — x � yE<IN arvov wE.' 4TLa Tat ���• � i._..� sNUeew xeloneoexooD uT\ NN --i rwwmowLNVCxeonnccD +.mA as5 a` YRN1M NEgNRVNNVOD MA 11 I ] w.mawwLxnaxaoRxooD una .w xfwN80RMDOD Rf I.II IaL.] N - co,u l-N ISfI .fA _ '.M UX.RC LIG - f mA N fApIINO RDiLDa rr=.l PoXD ROPW 1f'/IUYI'F OEt9f,\.11YU(ZIII\ lol�LSmoruu T„W.a N INN -- The United City Of Yorkville ® 800 Game Farm Rd. COMPREHENSIVE PLAN noogaa;reb l at mo5 Yorkville.IL 60560 UNITED CITY OF YORKVILLE Nm' , 630-553-4350 ^" '°'° ILLINCIS u.Y'°tlL.'°^'wNnw�•^�v nn..f el..4mww IW.np Wpn erc.pir. MIT.�.rl�gW¢rl Wpwn gMnwF^rn:nR Pobol Property — Aerial/Context Exhibit 9hA y o, 1. North Star Hammaref Prop `emu f Wailes Property - -ALI �. - L L . United City of GIS The Datam provltl,.withoutwarranty or any representation of w❑ Y accuracy,Omellnesa,or comp)warranty he the responsibility presntion ofha Parcel Data and Aerial Photography "Requester'to determine accuracy,handiness,completeness,and Provided By Kendall County GIS appropriateness of Its use.The United City of Yorkville makes no warranties,expressed or Implied,to the use of the Data. Pobol Property — Existing Zoning Exhibit s 1 i -- North Star Hamma+ top rty Pobol ro - i Welles roperty v _ a United C Of Yorkville GIS The Catam prows.provided completeness. or any epresen ility f of rtY aRequester"t deter ieaccuray,timtlsthe responsibility of the Parcel Data and Aerial Photography "Requester"to determine accuracy,Ilmellness,completeness.and Provided By Kendall County GIS appropriateness of ks use.The Unhad City of Yorkville makes no werrenties,expressed or Implied,to the use of the Cara. s STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- ORDINANCE APPROVING THE REZONING OF CERTAIN PROPERTY FROM R-1 TO ESTATE DISTRICT ZONING CLASSIFICATION (PobolProperty) WHEREAS, Stanley and Diane Pobol (OWNERS) are the legal owners of record of property described on Exhibit "A" attached hereto and incorporated herein (the "Property"), and WHEREAS, the Property is generally located at 9225 Lisbon Road in Yorkville and consists of 4.5 acres; and WHEREAS, the Property was annexed to the United City of Yorkville October 9, 2007; and WHEREAS, the Property is zoned R- 1 by the United City of Yorkville under the Yorkville Zoning Code, being Title 10 of the City Code of the United City of Yorkville, Illinois; and WHEREAS the R- 1 Zoning Classification was automatically assigned to the Property upon annexation, and the Yorkville Plan Commmission conducted a Public Hearing November 14, 2007 to review the zoning classification of the Property; and WHEREAS, the Yorkville Plan Commission recommended the Estate District Zoning classification based on its findings from the public hearing; and WHEREAS, all notice, hearing and other procedural requirements provided by state statute and the Yorkville Zoning Code have been fully complied with; and WHEREAS, the City has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE AS FOLLOWS : 1 . The findings of fact and conclusions contained in the aforesaid preamble recitals of this Ordinance are hereby determined and accepted. 2. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as follows: Estate District with the uses permitted being those listed as Permitted Uses in the Estate District Zoning Classification. 3. The Yorkville City Clerk is hereby directed to file and keep on record said a certified copy of this Ordinance after its passage and signing by the Mayor, and file said Ordinance after its passage and signing with the applicable County Recorders Office and the applicable County Clerk, at the earliest possible time. 4. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2007. ATTEST: CITY CLERK EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY C/56845,2 �V Ctpy Reviewed By: Agenda Item Number O) 4 1 � Legal El F1 EM raas Finance Engineer ❑ Tracking Number -4y ❑ O City Admini g1 �O Consultant ❑ PC 2007-38 Agenda Item Summary Memo Title: Menard's 6 1 Addition Meeting and Date: COW/City Council/December 18, 2007 Synopsis: Preliminary and Final Subdivision request for 3 lots within Lot 4 of the original Menards Subdivision Council Action Previously Taken: Date of Action: May 14, 2002 Action Taken: Approval of Menard's Subdivision Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See Attached Report o United City of Yorkville Memo r' 800 Game Farm Road Est. . :: 836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE yv�2 Date: December 4, 2007 To: EDC From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-38 Menard's 6th Addition Preliminary and Final Plat Request Background: The Plan Commission reviewed this request at the November 14, 2007 meeting and Motion to approve Preliminary Plan and Final Plat of subdivision subject to all staff comments (as listed below on this report) with a vote of 9 ayes and 0 no. The proposed `6th Addition' is a re-subdivision of Menard's Commercial Commons Lot 4 which was approved May 14, 2002. Staff Comments: Staff recommends approval of the Preliminary and Final Plat subject to the following conditions: • Provide a note on the plat stating that Lot 1 shall not have direct access to Countryside Parkway other than via the 28' ingress/egress easement already noted/identified on the plat. • Provide an ingress/egress easement along the entire common lot line between Lots 1 and 2. • The property immediately east of Lot 3 is too close to McHugh Road to have its own Countryside Parkway full-access point. There are three full-access points to Countryside Parkway along the frontage of Lot 3. These are spaced at 400-foot intervals, with the easternmost point being about 160 feet west of the east line of Lot 3 . An ingress/egress easement should be dedicated on Lot 3 from this point to the eastern lot line for the benefit of the property immediately to the east. See Attachment 1 of this report for the staff recommended easement area. • The existing 15' wide utility easement near the Lot 1 Countryside Parkway frontage is for a watermain extension to Menards Commercial Commons, 3`d Addition. Extend this easement to the eastern (Lot 3 side) lot line, and also widened to the north to meet the previously dedicated 10'wide utility easement. 1 o ATTACHMENT ti2n u3 I , ' d 0 �9 N N I M I Y 4 V a 2 FEZ a I � If M O I O a v � a � E a Z � Y1C FINAL PLAT OF '"` °Kuur, 'i"`. I Snbth En&nmMg Cansaltan5•SEC A¢tanal'mn • SY<G Plann,� MENARDS COMMERCIAL COMMONS SIXTH ADDITION L6m.i:,a7560 r.63o S0.lIFG6� Being o resvbdiWsfon of part of Let 4 of Idward's Gornmarnat Cammona o subdivision of part of Section naT --_ _ 21;Range of the of t e M of NjAne n 22, odd part of the ted)C yWf of Secti¢n ae Tow¢sb t 37 Nwfh. ¢N .tee r Ronge ] Easf e! the third AinalpaF lderidion,. 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SIXTH ADQ1710N — _ _ r K UNITED CITY OF YORKVILLE ADS — ` KENDALL COUNTY, ILLINOIS S�;S �EHSWNS D15N BY: MT; DAIS PR0.FCT H0. PbS +. uatr o]-ta.o] o]assa ' j. REN 9Y: INh N HRRi2 SCAIE SHEET 0. a Y-tiff'. ., M BY: I W-. wtT SEAIE I OF 2 ' Nmtl9haksx]xlomvLm YmaatM�o9N3 FINAL. PLAT OF SECGRI CFI INC. , SLAIN Etignawing C s Rants-SEC AuWMai{Pn-SEC Plontdag onflo LSOCtlA1. 1d0.FSYYWR MENARDS COMMERCIAL COMMONS SIXTH ADDITION ONk Mi &Ambet me AMOte,oap &Mg d resubdiwkint of part of Let 4 o Afaaord"D C mrnercial cevnmons,: a subde"ar, of part or Section FtDT TI 93ANV RD 21, port of the West half of Sobtion 22, and port of the Nov th holf of Sectfan 2$ Tamnkhrp 37 North, bvIe Miff e Y Eaa, of the Mbxf PKncipol Meridian,:in the United City of York0me Kent"! 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STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF SUBDIVISION FOR MENARD'S COMMERCIAL COMMONS 6TH ADDITION WHEREAS, by petition dated September 10, 2007, Menard, Inc. filed with the United City of Yorkville a Preliminary Plan and Final Plat of Subdivision for the Menard's Commercial Commons Sixth Addition property, as described on Exhibit "A" attached hereto; and WHEREAS, said plan and plat was to the duly referred by the City Clerk City, who, in turn, referred said plan and plat to the Yorkville Plan Commission for study and recommendation, and to the Yorkville Economic Development Committee for recommendation of a final decision; and WHEREAS, said plan has been determined to be in substantial conformance with the United City of Yorkville Zoning Ordinances, being Title 10 of the Yorkville City Code; and WHEREAS, said plat has been determined to be in substantial conformance with the Yorkville Subdivision Control Ordinance, being Title 11 of the Yorkville City Code; and WHEREAS, said final plat has been determined to be in substantial conformance with the preliminary plan; and WHEREAS, on November 14, 2007, the Yorkville Plan Commission recommended that said Menard' s Commercial Commons Sixth Addition plan and plat be approved, subject to the terms and conditions as recommended by staff as hereinafter set forth; and WHEREAS, on November 20, 2007, the Economic Development Committee of the Yorkville City Council reviewed said Menard' s Commercial Commons Sixth Addition plan and plat and said recommendations and recommended that said plan and plat be approved. NOW THEREFORE, BE IT RESOLVED by the City Council of the United City of Yorkville as follows: 1 . The findings of fact and conclusions contained in the aforesaid preamble recitals of this Resolution are hereby determined and accepted; 2. The said Menard' s Commercial Commons Sixth Addition Subdivision plan and plat as described on Exhibit" A" are hereby approved subject to the following conditions: a) Provide a note on the plat stating that Lot 1 shall not have direct access to Countryside Parkway other than via the 28' ingress/egress easement already noted/identified on the plat; b) Provide an ingress/egress easement along the entire common lot line between Lots 1 and 2; c) Provide an ingress/egress easement on Lot 3 a minimum of 220 feet measured from the northeastern most point of the Lot 3 westward along the northern lot boundary and measuring a minimum of 75 feet to the south of this point for an approximate area of 16,500 square feet. The Yorkville City Clerk is hereby directed to file and keep on record said Menard's Commercial Commons Sixth Addition Subdivision plan and plat and a certified copy of this Resolution, after its passage and signing by the Mayor, and file said plat after its passage and signing with the applicable County Recorders Office and the applicable County Clerk, at the earliest possible time. PASSED AND APPROVED this—day of , 2007. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2007. ATTEST: CITY CLERK `��D CIr1 Reviewed By: Agenda Item Number 1% Legal ❑ A Finance ❑ EST. , _. _ 1836 _ Engineer ❑ Tracking Number y City Administrator ❑ Consultant ❑ PC 2007-37 Agenda Item Summary Memo Title: Blackberry Woods PUD Amendment Meeting and Date: COW/City Council/December 18, 2007 Synopsis: Request for PUD Agreement Amendment Council Action Previously Taken: Date of Action: July 12, 2005 Action Taken: PUD Agreement Approval Item Number: Type of Vote Required: Majority Council Action Requested: Amendment Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See Attached Report o United City of Yorkville Memo 4 " 800 Game Farm Road EST �� � 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 ®<4E Date: December 4, 2007 To: Economic Development Committee Froth: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-37 Blackberry Woods PUD Amendment Request Background: The Planned Unit Development agreement for this property was approved July 12, 2005 and recorded May 18, 2006. This agreement provided the property with PUD zoning with both R-2 and R-4 provisions. Exhibit `B" of the agreement lists the Zoning Ordinance variations granted as part of this PUD (Attachment 1 of this report) as approved in 2005. The petitioner is requesting to amend Exhibit `B" to include (Attachment 2 of this report explains each request): - A Front Yard Setback of 25' in the R-4 District. The R-4 requirement is 30' . Y variation. - A Lot Coverage Ratio of 40% in the R-4 District. The R-4 requirement is 30%. 10% variation. The Plan Commission conducted a public hearing and reviewed this request November 14, 2007 and recommend approval of the front yard setback amendment and approval of the 40% lot coverage amendment subject to the 40% lot coverage applying only to 50% of the ranch style units constructed with a vote of 9 ayes and 0 no Staff Comments: The R-4 Zoning District area includes Lots 50- 132 of the Blackberry Woods PUD (Attachment 3 of this report). Front Yard Set Back Request Staff verified there are no utilities or infrastructure concerns with the dwelling units being 5' closer to the street right-of-way in this development. 1 Staff recommends requiring a minimum 30' Rear Yard Setback in the R-4 area (removing item 4 from Exhibit "E") to provide wider rear yard areas. The Petitioner stated at the Plan Council Review a willingness to maintain a minimum 30' Rear Yard Setback for the R-4 units. Lot Ratio Increase Request Staff has discussed the Plan Commission recommendation with the petitioner and explained, in terms of administering a variance on 50% of the "ranch style" units in a development that is planned to include other styles of units will require the petitioner to either o predetermine the lots that will be used for ranches and identify which lots will exceed 30% in order for staff to confirm this amount is less than 50%; or o understand that permits will only be issued for ranches exceeding 30% coverage if the same number of ranches at (or under 30%) have been approved. - The petitioner is willing to pre-determine the lots to receive the lot coverage variance. This approach isn't consistent with the Plan Commission motion, however, it does ensure the amount of lots to exceed 30% coverage not to exceed 50% of the lots zoned R-4. The petitioner will present a map depicting these lots at the 12/11/07 meeting for EDC review and consideration. - The excess lot coverage will result in more building mass in the development and less open space between the dwelling units. Staff recommends an exhibit be added to the PUD Agreement as part of this amendment depicting the minimum architectural design standards for these units. 2 I ATTACHMENT 1 �+ ffTi 44 LIST DID VARUTIONS 1. Lot sizes in the R-4 District may be less than the 9,000 square feet minimum, but shall be at least 8,160 square feet. 2. Lot widths in the R4 District may he less than the 70 feet minimum, but shall be at least 65 feet. 3. Side yards in the R-4 District may be less than the 10 feet minimum, but shall be at least 7 feet. 4. Rear yards in the R-4 District may be less than the 30 feet minimum, but shall be at least 25 feet. 5. Side yards in the R-2 District may be less than the 10 feet minimum, but shall be at least 9 feet. 6. Block length of North Carly Circle may be more than the 1320 feet maximum, and shall be approximately 1 ,600 feet. I 7. Length between streets may be less than the minimum of 400 ft, and shall be at I least 300 feet. 39 i ATTACHMENT 2 5. State the items to be amended from the existing annexation or PUD agreement. Front Yard Setback We request that the front yard setback be amended from 30' to 25' for lots zoned R4. This would move the house forward 5', allowing more room in the rear yard. This issue was brought to our attention with a ranch style home that we are currently constructing. Certain floor plans, such as ranch floor plans or a first-floor master floor plan, are deeper than the traditional two story floor plan_ These deeper floor plans then take up more of the space in the rear yard, due to the current front yard setback. By allowing the 25' front yard setback, the house will sit on the lot with better balance. Currently, the front yard is too large, and the back yard is small and confming when using the deeper floor plans. A 25' front yard setback will allow vehicles to be parked in the driveway without impeding the sidewalk. In addition, this amendment will not affect any public utilities. Lot Coverage Ratio It is also requested that the Lot Coverage Ratio be changed on R-4 lots from 30% to 40%. This is due to the construction of ranch style home plans and first floor master plans, on the smaller sized lots. The foot-print of these plans require more area on the lot than a two-story plan requires. It has always been our intent to primarily construct ranch plans or first floor master bedroom plans on these lots to meet the market's needs. We did not consider the need to request this variance at the time of the annexation agreement. However, we recently submitted a building permit in which this issue was brought to our attention. It has been our mission for the R-4 lots (Villa lots at Blackberry Woods) to provide a good sized home, without compromising on room size, to be targeted toward families wanting to downsize from their current home and stay within the Yorkville community. Over the past 15 years of business, we have come to understand what size a room needs to be in order to be functional while not being cramped. Therefore, in order to build a home with all rooms being an adequate size, we are requesting this variance. i ,air ri l 4 Hf'.5 fE o-11" y Mli p WJ it rq Ln 00 ,o a - U J �•, ,FT a .glMf .yam J :. ehyV, y c �J ) ��f y. X cF° .: x y rn RL :•z,a - Id . 15R P¢V...+ m F+ G N a m �j d in In 0 Ln ti Oo o �9 o W J E 3 ^+ N S \O It, OKI AMf V'1 t X a 'r 1 .< . ?. 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A'69 AIM A99 a69 a'89 n89 A89 1w DWI STATE OF ILLINOIS } ) ss COUNTY OF KENDALL } ORDINANCE NO, 2007 - AN ORDINANCE AUTHORIZING THE EXECUTION OF THE AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND MCCUE BUILDERS, INC, OWNERS OF RECORD FOR THE BLACKBERRY WOODS SUBDIVISION WHEREAS, McCue Builders, Inc. is the DEVELOPER of certain real property within the United City of Yorkville, Kendall County, Illinois commonly known as Blackberry Woods Subdivision; and WHEREAS, said property is the subject matter of a certain ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND MCCUE BUILDERS, INC, and WHEREAS, the OWNER has requested an amendment to the Annexation and Planned Unit Development Agreement executed on July 12, 2005 to provide for amendments to Exhibit "E" of said agreement that amend the required front and rear yard setback dimensions and lot coverage ratio for certain lots within the R-4 Zoning Classification of the said subdivision; and WHEREAS, the OWNER has requested an amendment to the Annexation and Planned Unit Development Agreement executed on July 12, 2005 to provide for amendments to section `2 Annexation and Zoning' of said agreement and create Exhibit Page I of 3 "J" to said agreement creating minimum architectural standards; and WHEREAS, a Public Hearing was held before the City Council of the United City of Yorkville; and WHEREAS, it is in the best interest of the City that the Amendment to Annexation Agreement and Planned Unit Development Agreement be approved; and WHEREAS, a draft of said Amendment to Annexation Agreement and Planned Unit Development Agreement has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILLS 5/11-15. 1 -1 , as amended, for the execution of said First Amendment to Annexation and Planned Unit Development Agreement have been fully complied with. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1 : That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, the Amendment to Annexation Agreement and Planned Unit Development Agreement. SECTION 2: That this Ordinance shall be in fall force and effect from and after its passage and approval as provided by law. Page 2 of 3 IN WITNESS WHEREOF, this Ordinance has been enacted this _ day of 2007 by the City Council of the United City of Yorkville. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2007. ATTEST: CITY CLERK Page 3 of 3 EXHIBIT «F" LIST OF VARIATIONS 1 . Lot sizes in the R-4 District may be less than the 9,000 square feet minimum, but shall be at least 8, 160 square feet. 2. Lot widths in the R-4 District may be less than the 70 feet minimum, but shall be at least 65 feet. 3 . Side yards in the R-4 District may be less than the 10 feet minimum, but shall be at least 7 feet. 4. Rear yards in the R-4 District may be less than the -h i feet minimum, but shall be at least .>0 feet. 5 . Iron ( yords in Ihq k 1 DisSid _ na ��Sc lc Ih m_i , n , D k 'r( uuuimum hill tilr._ill be at le(isl > > legit . 6. Side yards in the R-2 District may be less than the 10 feet minimum, but shall be at least 9 feet. 7. Block length of North Carly Circle may be more than the 1320 feet maximum., and shall be approximately 1 ,600 feet. 8. Length between streets may be less than the minimum of 400 feet, and shall be at least 300 feet. 9. Lot cove 'c � —hi o fur—Lots 5 1 --,1 -_V- / 7, ')'( ' ti e4) il- ' t_-. I W . end 1 1 7. 1 IS m v exceed the -tt7°o m :i,xinnu» bin � hall n of ';cecd 100,11 2. ANNEXATION AND ZONING Paragraph 2 — (as amended): OWNERS and DEVELOPERS agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, a the i i . ._ i° � � � t_ , and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary PUD Plan (Exhibit "C"). j EXHIBIT J ARCHITECTURAL STANDARDS All R-2 and R-4 lots that have less than 33% brick or stone on front elevation (foundation walls that are adjacent to street shall have all of the following enhancements to the front elevation: • $ 1 ,500.00 Landscaping Package • Grids in Front Windows • Architectural Shingles All R-2 and R-4 lots that have less than 33% brick or stone on front elevation shall have at least seven (7) of the following enhancements to the front elevation: • Two (2) Gables Facing Street • Decorative Vent or Window in Gable • Roof Line Across Gable with Shingles • Covered Porch • Bay or Boxed Out Window with Roof • Transom Window • Decorative Glass in Front Door • Windows in Upper Panels of Garage Door • Shutters on Front Windows or Window Wrapped with 4" to 6" Trim Piece • Soffit and Fascia Different Color From Siding • Decorative Trim Above Windows 24 Reviewed By: Agenda Item Number Legal F-1 E6 � Finance T. 7836 ❑ - Engineer ❑ < 0) City Administrator ❑ Tracking Number O �O Consultant ❑ [ U C . J C%G F `A"I Agenda Item Summary Memo Title: Yorkville Crossing Unit 1 -Time Extension for Recording Request City Council/COW Agenda Date: December 18, 2007 Synopsis: Request to extend the time period to record a final plat following Preliminary Plan approval from the December 31,2007 extension approved in August 2007 to May 31, 2008 Council Action Previously Taken: Date of Action: August 22, 2007 Action Taken: Preliminary Plan Approval Item Number: Type of Vote Required: Majority Council Action Requested: Approval of time extension for recording of Yorkville Crossing Unit 1 Final Plat from December 31, 2007 to May 31, 2008 Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Subdivision Control Ordinance Section 5.02.05 states a Preliminary Plan approval is tentative only and requires a final plat to be recorded within 12 months of Preliminary Plan approval unless an extension is approved by City Council. An extension was approved allowing an extension to December 31, 2007. D ` er fiddle G c i-i bTl,-'a tori Kathleen T. Cunningham Associate (312) 569-1219 Direct na.nl, n:, l„ r od„ (312) 569-3219 Fax Kathleen.Cunningham @dbr.con, I December 6, 2007 . II I i . I VIA ELECTRONIC AND OVERNIGHT MAIL tmiller@yorkville. il.us Mr. Travis Miller United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Yorkville Crossing Unit 1 (Wal-Mart) Final Plat ("Final Plat") Client-Matter No. 188394.381021 Dear Travis: On behalf of Wal-Mart, I would like to request a further extension of the time to record the Final Plat up to and including May 31 , 2008. 1 understand that this request will be scheduled for the December 11 Economic Development Committee meeting and the December 18 Committee of the Whole and City Council meetings. Please do not hesitate to contact me if you have any questions or need further information . Thank you. Very truly yours, - Katie Cunningham cc: Adele Lucas (via email) Steve Nikel (via email) Michelle Taglavore (via email) Paul Bertie (via email) Elizabeth Williams (via email) I i CI 102122506793. 1 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION APPROVING 5 MONTH EXTENSION FOR RECORDING FINAL PLAT OF SUBDIVISION FOR YORKVILLE CROSSING UNIT 1 (WAL-MART) WHEREAS, on August 22, 2006 the preliminary plan and plat of subdivision for the Yorkville Crossing Unit 1 property were approved by the United City of Yorkville; and WHEREAS, on June 13, 2007, the Yorkville Plan Commission found that the final plan and plat for said subdivision was consistent with the preliminary plan and plat, and recommended that the final plan and plat for the Yorkville Crossing Unit 1 property be approved, subject to the terms and conditions contained herein; and WHEREAS, the review and approval of the final plan and plat by the Economic Development Committee was delayed through no fault of the petitioner; and WHEREAS, on July 31 , 2007, the Economic Development Committee of the Yorkville City Council reviewed said final plan and plat and Plan Commission recommendations and recommended that said final plan and plat be approved; and WHEREAS, Section 5.02.05 of the Subdivision Code of the United City of Yorkville states that an approved preliminary plat shall expire if a final plat is not recorded within twelve (12) months after approval of the preliminary plat, unless extended by the City council; and WHEREAS, said twelve (12) month period, set to expire on August 22, 2007 was approved for an extension to December 31 , 2007 on August 14, 2007 per Resolution 2007-46; and WHEREAS, the Mayor and City Council find that it is appropriate to extend the time for recording the final plat for the Yorkville Crossing Unit 1 Subdivision to May 31 , 2008- NOW THEREFORE, BE IT RESOLVED by the City Council of the United City of Yorkville as follows: 1 . The findings of fact and conclusions contained in the aforesaid preamble recitals of this Resolution are hereby determined and accepted; 2. The deadline for approval of the final plan and plat for the Yorkville Crossing Unit 1 Subdivision is hereby extended to May 31 , 2008. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 3007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 3007. ATTEST: CITY CLERK `"D Cfry Reviewed By: Agenda Item Number J= a y�0 4% Legal ❑ 1 � ® Finance F-1 Esr Engineer El-�---- Tracking Number < aJ City Administrator ❑ El ❑ [D C Q00—f o {LE Agenda Item Summary Memo Title: Integrated Transportation Plan—IDOT Grant Funding Match Request Meeting and Date COW and City Council/December 18,2007 Synopsis: See attached report Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See Attached Report '� cIpy� United City of Yorkville 800 Game Farm Road rsr 1835 Yorkville, Illinois 60560 Telephone: 630-553-8545 Q � � 0 Fax: 630-553-3436 Date: December 13, 2007 To: COW/City Council From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: Illinois Tomorrow Grant — IDOT/Yorkville Intergovernmental Agreement Request: 1 ) Funding approval in the amount of $ 10,200 to enable the completion of the United City of Yorkville Integrated Transportation System Plan which will include a Multi-Use Trail System and Downtown Streetscape Element Plan. Note: the $ 10,200 is a local match required to obtain $91 ,800 in federal and state funds awarded to the City by IDOT in 2004. Funding is available in Community Development Department budget. 2) Authorization to execute Intergovernmental Agreement with IDOT (attached) Backeround In 2004, the Illinois Department of Transportation awarded the City of Yorkville funds to complete an Integrated Transportation Plan to guide the City of Yorkville in planning future transportation facilities as high levels of population growth are experienced. This Plan was to consider community transportation issues, impacts on economic opportunities, protect natural resources and provide improved public access and mobility. The scope of services prepared for The Integrated Transportation System Plan have been designed to achieve the goals set forth by the Illinois Tomorrow Corridor Planning Grant Program and complete the project described by the City of Yorkville when the grant funding was acquired. The Plan includes three components: 1 . Multi-Use Trail System Analysis 2. Multi-Use Trail System Design 3. Downtown Streetscape Plan 1 Actions required following funding and Intergovernmental Agreement approval: 1. Finalize Scope of Services Attached is a scope of services we have submitted to IDOT to utilize the Illinois Tomorrow Corridor Planning Grant. Based on the attached scope of services, the funding allocations for each Component of the plan would likely break down in the following ranges: $5-7,000 for Component 1 $85-90,000 for Component 2 $8- 10,000 for Component 3 These ranges can adjust as necessary as the contract for services is finalized with the service vendor. 2. Consultant Selection The Scope of Services will need to be published and a request for qualifications and proposals by transportation planning firms interested in performing the work. A selection committee will need to be established. Staff would establish a deadline for submittals and post the information on the City' s website as well as send notices to transportation planning firms in the area. 2 United City of Yorkville Integrated Transportation System Plan Multi-Use Trail System and Downtown Streetscape Element Plan Scope of Services Component 1 — Multi-Use Trail System Analysis Purpose of Component — To identify the existing system deficiencies and determine the necessary improvements required to complete the City' s system as well as prioritize the sequence of these improvements based on certain established criteria. Task 1 — Prepare a map including all multi-use trail facilities (existing and planned) within the United City of Yorkville planning area. With input from the Parks & Recreation Department and using the current Parks & Recreation Master Plan as a basis, identify the existing trail locations and the preferred locations for future multi-use paths within the City's planning area; Clearly designate the alignment of the multi-use paths by depicting the parcel of land the path should be within and the side of road the path should be on (where applicable); Identify all locations where the path will cross/conflict with other vehicular traffic on this plan resulting in a `unique' design solution, such as grade separation, special lighting, etc.; Task 2 — Identify criteria to use to prioritize implementation of all un-constructed segments of the Multi-Use trail prepared in Task 1 . This criterion should include, but not be limited to, consideration of estimated construction costs, estimated volume of trail users, connectivity to commercial uses, connectivity to other community' s systems, connectivity to schools, connectivity to work places and overall benefit of the segment to the City-wide multi-use trail system. Task 3 — Prepare a Prioritized list of Multi-Use Trail projects Include perimeters of each project as a ` stand alone' project that can be constructed independent of any other segment while providing a benefit to the system; Include cost estimation for each project including land acquisition (where applicable), design and construction costs; Component 2 — Multi-Use Trail System Design Purpose of Component — To provide preliminary engineered construction documents for the projects identified by Component 1 . Task 1 — Prepare Preliminary Engineering Design for each Multi-Use Trail project identified by Component 1 -Task 3 above. The number of designs completed under this task will depend on the cost estimate associated with each project. The amount of funds available for this task are limited to the portion of the Illinois Tomorrow Grant allocated for this Component. Preliminary Engineering for each project area should include: • Horizontal alignment (plan and profile); • Cross section design; • Material specifications; • Drainage improvements, as necessary; • Pavement markings; • Path and roadway signage; • Landscaping improvements; • Handicap accessibility compliance; • Erosion Control; • Identify required utility relocations; • Floodplain and wetland locations identified if impacted/effected; • Potential traffic control measures at conflict/crossing locations; • Potential options and areas of potential cost savings, as necessary; • Summary of quantities and engineer's estimate of probable construction cost; • Traffic control requirements; • Path and roadway lighting; • Design data and criteria; • Narrative on any design issues and variances Component 3 — Downtown Streetscape Plan Purpose of Component — To provide a standard guideline for the pedestrian environment of the downtown area of Yorkville. The product of this component should provide a plan for integrating the multi-use trail system into the downtown area and to provide a guide for all Streetscape elements within the downtown area. Task 1 — Downtown Pedestrian System Analysis Prepare a map depicting the Multi-Use Trail System through the downtown area overlaying the existing downtown pedestrian system. This map should note points of pedestrian destinations, identify primary circulation routes, activity zones, and vehicular conflict areas such as street crossings. Provide an illustrative narrative describing opportunities to: • increase public safety; • reduce conflict between non-vehicular and motorist traffic; • increase access to downtown for enhancing economic development; • provide/enhance connections to recreational opportunities. Task 2 - Prepare Design Standards for Streetscape Elements. The streetscape elements defined should include all physical components typically housed within the streetscape. These elements should include (but not necessarily limited to): - Banners; - Lighting; - Benches; - Bike Racks; - Bollards; - Trash Receptacles; - Tree Grates; Plantings — Street Trees, Planters, Hanging Baskets; Signage and Way Finding; Paving; Stonework. V) Illinois Department Intergovernmental Agreement of Tranwortation Governmental Body Name City of Yorkville Address 800 Game Farm Road City, State, Zip Yorkville, Illinois 60560 Remittance Address (if different from above) City, State, Zip Telephone Number Faz Number FEINITIN 630-553-8531 630-553-7575 36-6006169 Brief Description of Service (full description specified in Part 5) Funds for this project will be used to conduct a Yorkville Integrated Transportation plan and Fox River Watershed in the city of Yorkville, Illinois. Compensation Method (full details Agreement Term specified in Part 6) From: Execution Flat Rate Total Compensation Amount Advance Pay ❑ Yes To: $91 ,800 ® No June 30, 2011 REQUIRED SIGNATURES By signing below, GOVERNMENTAL BODY and DEPARTMENT agree to comply with and abide by all provisions set forth in Parts 1- 7 herein and any Appendices thereto. FOR THE GOVERNMENTAL BODY: Signature of Authorized Representative Type or Print Name of Authorized Representative Date FOR THE DEPARTMENT: Ellen Schanzle-Haskins, Chief Counsel (Approved as to form) Richard J. Smith, Director, Planning and Programming Ann L. Schneider, Director of Finance & Administration Milton R. Sees, P.E., Secretary of Transportation Date Intergovernmental Agreement Page 1 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 Illinois Departmlent of Transportation INTERGOVERNMENTAL AGREEMENT FOR INTEGRATED TRANSPORTATION PLAN AND FOX RIVER WATERSHED This Agreement is by and between City of Yorkville Please type or print legibly GOVERNMENTAL Body's legal name and address 800 Game Farm Road Yorkville, Illinois 60560 Attn: Bartolomew A. Olson e-mail: bolson @yorkville.il. us hereinafter called the GOVERNMENTAL BODY, and the State of Illinois, acting by and through its Department of Transportation, hereinafter called the DEPARTMENT. Part 1 Scope/Compensation/Term Part 2 General Provisions Part 3 Federally Funded Agreements Part 4 Specific Provisions Part 5 Scope of Services/Responsibilities Part 6 Compensation for Services Part 7 Agreement Award Information F . PART 1 SCOPE / COMPENSATION / TERM A. Scope of Services and Responsibilities. The DEPARTMENT and the GOVERNMENTAL BODY agree as specified in Part 5. B. Compensation. Compensation (if any) shall be as specified in Part 6. C. Term of Agreement. The term of this Agreement shall be from execution to 06130/2011 . D. Amendments. All changes to this Agreement must be mutually agreed upon by DEPARTMENT and GOVERNMENTAL BODY and be Incorporated by written amendment, signed by the parties. E. Renewal. This Agreement may not be renewed. Intergovernmental Agreement Page 2 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 PART 2 GENERAL PROVISIONS A. Changes. If any Circumstance or condition in this Agreement Changes, GOVERNMENTAL BODY must notify the DEPARTMENT in writing within Seven days. B. Compliance/Governing Law. The terms of this Agreement shall be construed in accordance with the laws of the State of Illinois. Any obligations and services performed under this Agreement shall be performed in compliance with all applicable state and federal laws. C. Non-Appropriation. This Agreement is subject to termination and cancellation in any year for which the General Assembly or the United States Congress fails to make an appropriation to make payments under the terms of the Agreement. D. Records Inspection. The DEPARTMENT or a designated representative shall have access to GOVERNMENTAL BODY's work and applicable records whenever it is in preparation or progress, and the GOVERNMENTAL BODY shall provide for such access and Inspection. E. Records Preservation. The GOVERNMENTAL BODY shall maintain for a minimum of three years after the completion of the Agreement, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the Agreement. F. Subcontracting/Procurement Procedures/Employment of Department Personnel. 1 . Subcontracting. Subcontracting, assignment or transfer of all or part of the interests of the GOVERNMENTAL BODY concerning any of the obligations covered by this Agreement is prohibited without prior written consent of the DEPARTMENT. 2. Procurement of Goods or Services — Federal Funds. For purchases of products or services with any Federal funds that cost more than $2,500.00 but less than the simplified acquisition threshold fixed at 41 U.S.0 403(11 ), (currently set at $100,000.00) the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number (at least three) of qualified sources. Procurement of products or services with any Federal funds that are in excess of the simplified acquisition threshold fixed at 41 U.S.C. 403(11 ), (currently set at $100,000.00) will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be used, provided that the procurement procedures conform to the provisions in Part 3(K) below. The GOVERNMENTAL BODY may only procure products or services from one source with any Federal funds if: (1 ) the products or services are available only from a single source; or (2) the DEPARTMENT authorizes such a procedure; or, (3) after solicitation of a number of sources, competition is determined inadequate. 3 Procurement of Goods or Services — State Funds. For purchases of products or services with any State of Illinois funds that cost more than $10,000.00, ($5,000.00 for professional and artistic services) but less than the small purchase amount set by the Illinois Procurement Code Rules, (currently set at $31 ,300.00 and $20,000.00 for professional and artistic services) the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number (at least three) of qualified sources. Procurement of products or services with any State of Illinois funds in excess of the small purchase amount (currently set at $31 ,300.00 for goods and services and $20,000.00 for professional and artistic services) will Intergovernmental Agreement Page 3 IT— United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal Codified procedures of the GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be Used. The GOVERNMENTAL BODY may only procure products or services from one source with any State of Illinois funds if: (1 ) the products or services are available only from a single source; or (2) the DEPARTMENT authorizes such a procedure; or, (3) after solicitation of a number of sources, competition is determined inadequate. The GOVERNMENTAL BODY shall include a requirement in all contracts with third parties that the contractor or consultant will comply with the requirements of this Agreement in performing such contract, and that the contract is subject to the terms and conditions of this Agreement. 4. EMPLOYMENT OF DEPARTMENT PERSONNEL. GOVERNMENTAL BODY will not employ any person or persons currently employed by the DEPARTMENT for any work required by the terms of this Agreement. PART 3 FEDERALLY FUNDED AGREEMENTS A. Standard Assurances. The GOVERNMENTAL BODY assures that it will comply with all applicable federal statutes, regulations, executive orders, Federal Transit Administration (FTA) circulars, and other federal requirements in carrying out any project supported by federal funds. The GOVERNMENTAL BODY recognizes that federal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. The GOVERNMENTAL BODY agrees that the most recent federal requirements will apply to the project. B. Certification Regarding Lobbying. As required by the United States Department of Transportation (U.S. DOT) regulations, "New Restrictions on Lobbying," at 49 CFR 20. 110, modified as necessary by 31 U.S.C. 1352 the GOVERNMENTAL BODYS authorized representative certifies to the best of his or her knowledge and belief that for each agreement for federal assistance exceeding $100,000: 1 . No federal appropriated funds have been or will be paid by or on behalf of the GOVERNMENTAL BODY to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress regarding the award of federal assistance, or the extension, continuation, renewal, amendment, or modification of any federal assistance agreement; and 2. If any funds other than federal appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application for federal assistance, the GOVERNMENTAL BODY assures that it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," including information required by the instructions accompanying the form, which form may be amended to omit such information as authorized by 31 U.S.C. 1352. 3. The language of this certification shall be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements). The GOVERNMENTAL BODY understands that this certification is a material representation of fact upon which reliance is placed and that submission of this certification is a prerequisite for providing federal assistance for a transaction covered by 31 U.S.C. 1352. The GOVERNMENTAL BODY also understands Intergovernmental Agreement Page 4 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 that any person who fails to file a required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. Nondiscrimination Assurance. As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), by Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and by U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act," 49 CFR Part 21 at 21 .7, the GOVERNMENTAL BODY assures that it will comply with all requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d and 49 CFR Part 21 , so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) for which the GOVERNMENTAL BODY receives federal assistance awarded by the U.S. DOT or FTA. Specifically, during the period in which federal assistance is extended to the project, or project property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits, or as long as the GOVERNMENTAL BODY retains ownership or possession of the project property, whichever is longer, the GOVERNMENTAL BODY assures that: 1 . Each project will be conducted, property acquisitions will be undertaken, and project facilities will be operated in accordance with all applicable requirements of 49 U.S.C. 53322 42 U.S.0 2000d and 49 CFR Part 21 , and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. 2. It will promptly take the necessary actions to effectuate this assurance, including notifying the public that complaints of discrimination in the provision of transportation-related services or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or FTA, the GOVERNMENTAL BODY assures that it will submit the required information pertaining to its compliance with these requirements. 3. It will include in each subagreement, property transfer agreement, third party contract, third party subcontract, or participation agreement adequate provisions to extend the requirements of 49 U.S.C. 53322 42 U.S.C. 2000d, and 49 CFR Part 21 to other parties involved therein including any subrecipient, transferee, third party contractor, third party subcontractor at any level, successor in interest, or any other participant in the project. 4. Should it transfer real property, structures, or improvements financed with federal assistance to another party, any deeds and instruments recording the transfer of that property shall contain a covenant running with the land assuring nondiscrimination for the period during which the property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits. 5. The United States has a right to seek judicial enforcement with regard to any matter arising under the Act, regulations, and this assurance. 6. It will make any changes in its Title VI implementing procedures as U.S. DOT or FTA may request to achieve compliance with the requirements imposed by or issued pursuant to 49 U.S.C. 53322 42 U.S.C. 2000d, and 49 CFR Part 21 . D. Control of Property. GOVERNMENTAL BODY certifies that the control, utilization and disposition of property or equipment acquired using federal funds is maintained according to the provisions of A-102 Common Rule, Intergovernmental Agreement Page 5 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 E. Cost Principles. The cost principles of this Agreement are governed by the cost principles found in Title 48, Code of Federal Regulations, Subpart 31 , as amended; and all costs included in this Agreement are allowable under Title 48, Code of Federal Regulations, Part 31 , as amended. F. Debarment. GOVERNMENTAL BODY shall comply with Debarment provisions as contained in 49 Code of Federal Regulations, Part 29, including Appendices A and B as amended. GOVERNMENTAL BODY certifies that to the best of Its knowledge and belief, GOVERNMENTAL BODY and GOVERNMENTAL BODY'S principals: a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; b) within a three-year period preceding this Agreement have not been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in subsection (b), above; d) have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. The inability of a prospective GOVERNMENTAL BODY to certify to the certification in this section will not necessarily result in denial of participation in this Agreement. The prospective GOVERNMENTAL BODY shall submit an explanation of why it cannot provide the certification in this section. This certification is a material representation of fact upon which reliance was placed when the DEPARTMENT determined whether to enter into this transaction. If it is later determined that GOVERNMENTAL BODY knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the DEPARTMENT may terminate this Agreement for cause. The GOVERNMENTAL BODY shall provide immediate written notice to the DEPARTMENT if at any time the GOVERNMENTAL BODY learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this Part shall have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549 and 12689. The GOVERNMENTAL BODY agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized, in writing, by the DEPARTMENT. The GOVERNMENTAL BODY agrees that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the DEPARTMENT, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The GOVERNMENTAL BODY may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless GOVERNMENTAL BODY knows the certification is erroneous. GOVERNMENTAL BODY may decide the method and frequency by which it determines the eligibility of its principals. Each GOVERNMENTAL BODY may, but is not required to, check the Non-procurement List. If a GOVERNMENTAL BODY knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation, in addition to other remedies available to the federal government, the DEPARTMENT may terminate this Agreement for cause or default. Nothing contained in this section shall be construed to require establishment of a system of records in order to render in good faith the certification required by this section. The knowledge and Intergovernmental Agreement Page 6 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 information of a GOVERNMENTAL BODY is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. G. Single Audit. The Single Audit Act of 1984 (Public Law 98-502) and the Single Audit Act Amendments of 1996, 31 U.S.C. 7501 et seq. require the following: 1 . State or local governments that receive $500,000 or more a year in federal financial assistance shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. 2. State or local governments that receive less than $500,000 a year shall be exempt from compliance with the Act and other federal requirements. 3. Nothing in this paragraph exempts state or local governments from maintaining records of federal financial assistance or from providing access to such records to federal Agencies, as provided for in federal law or in (OMB) Circular A-133 "Audits of States, Local Governments and Non-Profit Organizations." 4. A copy of the audit report must be submitted to the DEPARTMENT within 30 days after completion of the audit, but no later than one year after the end of the GOVERNMENTAL BODY's fiscal year. H. Drug Free Workplace. The GOVERNMENTAL BODY certifies that it will comply with the requirements of the federal Drug Free Workplace Act, 41 U.S.C.A. 702 as amended, and 49 C.F.R. Part 29, Subpart F, including Appendix C as amended. I. Disadvantaged Business Enterprise Assurance. In accordance with 49 CFR 26. 13(a), as amended, the GOVERNMENTAL BODY assures that it shall not discriminate on the basis of race, color, national origin, or sex in the implementation of the project and in the award and performance of any third party contract, or subagreement supported with Federal assistance derived from the U.S. DOT or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR Part 26, as amended. The GOVERNMENTAL BODY assures that it shall take all necessary and reasonable steps set forth in 49 CFR Part 26, as amended, to ensure nondiscrimination in the award and administration of all third party contracts and subagreements supported with Federal assistance derived from the U.S. DOT. The GOVERNMENTAL BoDY'S DBE program, as required by 49 CFR Part 26, as amended, will be incorporated by reference and made a part of this Agreement for any Federal assistance awarded by FTA or U.S. DOT. Implementation of this DBE program is a legal Obligation of the GOVERNMENTAL BODY, and failure to carry out its terms shall be treated as a violation of the Agreement. Upon notification by the Federal Government or the DEPARTMENT to the GOVERNMENTAL BODY Of its failure to implement its approved DBE program, the U.S. DOT may impose sanctions as provided for under 49 CFR Part 26, as amended, and may in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 , as amended, and/or the Program Fraud Remedies Act, 31 U.S.C. 3801 et seq., as amended. J. Assurance of Nondiscrimination on the Basis of Disability. As required by U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the GOVERNMENTAL BODY assures that, as a condition to the approval or extension of any Federal assistance awarded by FTA to construct any facility, obtain any rolling stock or other equipment, undertake studies, conduct research, or to participate in or obtain any benefit from any program administered by FTA, no otherwise qualified person with a disability shall be, solely by reason of that disability, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any program or activity receiving or benefiting from Federal assistance administered by the FTA or any entity within U.S. DOT. The GOVERNMENTAL BODY assures that project implementation and operations so assisted will comply with all applicable requirements of U.S. DOT regulations implementing the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq. , and the Americans with Disabilities Act of 1990, as Intergovernmental Agreement Page 7 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 amended, 42 U.S.C. 12101 et seq. , and implementing U.S. DOT regulations at 49 CFR parts 27, 37, and 38, and any applicable regulations and directives issued by other Federal departments or agencies. K. Procurement Compliance Certification. The GOVERNMENTAL BODY certifies that its procurements and procurement system will comply with all applicable third party procurement requirements of Federal laws, executive orders, regulations, and FTA directives, and requirements, as amended and revised, as well as other requirements FTA may issue including FTA Circular 4220. 1E, 'Third Party Contracting Guidelines," and any revisions thereto, to the extent those requirements are applicable. The GOVERNMENTAL BODY certifies that it will include in its contracts financed in whole or in part with FTA assistance all clauses required by Federal laws, executive orders, or regulations, and will ensure that each subrecipient and each contractor will also include in its subagreements and its contracts financed in whole or in part with FTA assistance all applicable clauses required by Federal laws, executive orders, or regulations. L. Intelligent Transportation Systems Program. As used in this assurance, the term Intelligent Transportation Systems (ITS) project is defined to include any project that in whole or in part finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the "National ITS Architecture." 1 . As provided in SAFETEA-LU Section 5307(c), 23 U.S.C. 502 note, the GOVERNMENTAL BODY assures it will comply with all applicable requirements of Section V (Regional ITS Architecture and Section VI (Project Implementation) of FTA Notice, "FTA National ITS Architecture Policy on Transit Projects," at 66 Fed, Reg. 1455 et seq., January 87 2001 , and other FTA requirements that may be issued in connection with any ITS project it undertakes financed with funds authorized under Title 49 or Title 23, United States Code. 2. With respect to any ITS project financed with Federal assistance derived from a source other than Title 49 or Title 23, United States Code, the GOVERNMENTAL BODY assures that is will use its best efforts to ensure that any ITS project it undertakes will not preclude interface with other intelligent transportation systems in the Region. M. Davis-Bacon Act. To the extent applicable, GOVERNMENTAL BODY will comply with the Davis-Bacon Act, as amended, 40 U.S.C. 3141 et seq. , the Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. 874, and the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq., regarding labor standards for federally assisted subagreements. N. Certifications and Assurances Required by the U.S. Office of Management and Budget (OMB) (SF-4246 and SF-424D) As required by OMB, GOVERNMENTAL BODY certifies that it: 1 . Has the legal authority and the institutional, managerial, and financial capability (including funds sufficient to pay the non-federal share of project cost) to ensure proper planning, management, and completion of the project. 2. Will give the U.S. Secretary of Transportation, the Comptroller General of the United States, and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives; 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or Intergovernmental Agreement Page 8 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 personal gain; 4. Will initiate and complete the work within the applicable project time periods; 5. Will comply with all applicable Federal statutes relating to nondiscrimination including, but not limited to: • Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on the basis of race, color, or national origin; • Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 CFR Part 25, which prohibit discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of disability; • The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 through 6107, which prohibits discrimination on the basis of age; • The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101 at seq. , relating to nondiscrimination on the basis of drug abuse; • The Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, as amended, 42 U.S.0 4541 at seq., relating to nondiscrimination on the basis of alcohol abuse or alcoholism; • The Public Health Service Act of 1912, as amended, 42 U.S.C. 201 et seq. , related to confidentiality of alcohol and drug abuse patient records; • Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., relating to nondiscrimination in the sale, rental, or financing of housing; • Any other nondiscrimination provisions in the specific statutes under which Federal assistance for the project may be provided including, but not limited, to 49 U.S.C. 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity, and Section 1101 (b) of the Transportation Equity Act for the 21st Century, 23 U.S.C. 101 note, which provides for participation of disadvantaged business enterprises in FTA programs; and • Any other nondiscrimination statute(s) that may apply to the project. All of the requirements listed in Part 3, paragraphs A through N apply to the federally funded project. The GOVERNMENTAL BODY agrees to include these requirements in each contract and subcontract financed in whole or in part with federal assistance. PART 4 SPECIFIC PROVISIONS A. Invoices. The amount shown on each invoice shall be in accordance with the rates established in Part 6. All non-labor costs, if allowable, shall be listed and itemized as provided in Part 6. Any Invoices/bills Issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this Agreement shall be sent to the following address: Illinois Department of Transportation Bureau of Business Services Attn: Juanita Akers 2300 South Dirksen Parkway, Room 302 Intergovernmental Agreement Page 9 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 Springfield, 11 62764 All Invoices shall be signed by an authorized representative Of the GOVERNMENTAL BODY. B. Billing and Payment. All invoices for services performed and expenses incurred by GOVERNMENTAL BODY prior to July 1st Of each year must be presented to the DEPARTMENT no later than July 31 of that same year for payment under this Agreement. Notwithstanding any other provision of this Agreement, the DEPARTMENT shall not be obligated to make payment to GOVERNMENTAL BODY on Invoices presented after said date. Failure by GOVERNMENTAL BODY to present such invoices prior to said date may require GOVERNMENTAL BODY to seek payment of such invoices through the Illinois Court of Claims and the Illinois General Assembly. No payments will be made for services performed prior to the effective date of this Agreement. The DEPARTMENT will send all payments to the GOVERNMENTAL BODY's remittance address listed in this Agreement. C. Termination. If the DEPARTMENT Is dissatisfied with the GOVERNMENTAL BODY'S performance Or believes that there has been a substantial decrease In the GOVERNMENTAL BODY'S performance, the DEPARTMENT may give written notice that remedial action shall be taken by the GOVERNMENTAL BODY within seven (7) calendar days. If such action is not taken within the time afforded, the DEPARTMENT may terminate the Agreement by giving seven (7) days written notice to the GOVERNMENTAL BODY. Additionally, the DEPARTMENT may terminate the Agreement by giving thirty (30) days written notice. In either instance, the GOVERNMENTAL BODY shall be paid for the value Of all authorized and acceptable work performed prior to the date of termination, based upon the payment terms set forth in the Agreement. D. Location of Service. Service to be performed by the GOVERNMENTAL BODY shall be performed as described in Part 5. E. Ownership of DocumentslTitle to Work. All documents, data and records produced by GOVERNMENTAL BODY in carrying Out GOVERNMENTAL BODY'S obligations and services hereunder, without limitation and whether preliminary or final, shall become and remain the property of the DEPARTMENT. The DEPARTMENT shall have the right to use all such documents, data and records without restriction or limitation and without additional compensation to GOVERNMENTAL BODY. All documents, data and records utilized in performing research shall be available for examination by the DEPARTMENT upon request. Upon completion of the services hereunder or at the termination of this Agreement, all such documents, data and records shall, at the option of the DEPARTMENT, be appropriately arranged, Indexed and delivered to the DEPARTMENT by GOVERNMENTAL BODY. F. Software. All software and related computer programs produced and developed by GOVERNMENTAL BODY (or authorized contractor or subcontractor thereof) in carrying out GOVERNMENTAL BODY'S Obligation hereunder, without limitation and whether preliminary or final, shall become and remain the property Of both DEPARTMENT and GOVERNMENTAL BODY. The DEPARTMENT shall be free to sell, give, offer or otherwise provide said software and related computer programs to any other agency, department, commission, or board of the State of Illinois, as well as any other agency, department, commission, board, or other governmental entity of any country, state, county, municipality, or any other unit of local government, or to any entity consisting of representatives of any unit of government, for official use by said entity. Additionally, the DEPARTMENT shall be free to offer or otherwise provide said software and related computer programs to any current or future contractor. The DEPARTMENT agrees that any entity to whom the software and related computer programs will be given, sold or otherwise offered shall be granted only a use license, limited to use for official or authorized purposes, and said entity shall otherwise be prohibited from selling, giving or otherwise Intergovernmental Agreement Page 10 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 offering said software and related computer programs without the written consent of both DEPARTMENT and GOVERNMENTAL BODY. G. Confidentiality Clause. Any documents, data, records, or other information given to or prepared by GOVERNMENTAL BODY pursuant to this Agreement shall not be made available to any individual or organization without prior written approval by the DEPARTMENT. All information secured by GOVERNMENTAL BODY from the DEPARTMENT In connection with the performance of services pursuant to this Agreement shall be kept confidential unless disclosure of such information is approved In writing by the DEPARTMENT. H. Reporting/Consultation. GOVERNMENTAL BODY shall consult with and keep the DEPARTMENT fully informed as to the progress of all matters covered by this Agreement. I. Travel Expenses. Expenses for travel, lodging, or per diem maybe paid by the DEPARTMENT pursuant to this Agreement. J. Indemnification. Unless prohibited by State law, the GOVERNMENTAL BODY agrees to hold harmless and indemnify the DEPARTMENT, and its officials, employees, and agents, from any and all losses, expenses, damages (including loss of use), suits, demands and claims, and shall defend any suit or action, whether at law or in equity, based on any alleged injury or damage of any type arising from the actions or inactions of the GOVERNMENTAL BODY and/or the GOVERNMENTAL BODY'S employees, officials, agents, contractors and subcontractors, and shall pay all damages, judgments, costs, expenses, and fees, including attorney's fees, incurred by the DEPARTMENT and its officials, employees and agents in connection therewith. K. Equal Employment Opportunities, Affirmative Action, Sexual Harassment. The GOVERNMENTAL BODY will comply with the Illinois Human Rights Act with respect to public contracts, including equal employment opportunity, refraining from unlawful discrimination and having a written sexual harassment policy. PART 5 SCOPE OF SERVICE/RESPONSIBILITIES The Department will provide State Planning and Research (SPR) funds to the Governmental Body to conduct a Yorkville Integrated Transportation plan and Fox River Watershed. The study will address community transportation and its impact on economic opportunities, corridor development, public access and protection of the natural resources along the 20-square mile corridor encompassing Illinois Routes 34, 47, 71 and 126; Galena Road, Baseline Road, Caton Farms Road and Kennedy Road in the City of Yorkville; the Fox River and access to Interstates 1-55, 1-80 and 1-88. In order to accomplish this project, the Governmental Body will perform the following tasks: 1 . DATA COLLECTION AND ANALYSIS — The Governmental Body will collect data such as demographics, corridor statistics, traffic maps, orthophotos, land use, and other relevant information from forest district and municipalities; conduct site visits; and evaluate the corridor's present condition. 2. PUBLIC INVOLVEMENT — The Governmental Body will conduct a series of open and continuous public meetings involving local, county and state officials, businesses, land developers, property owners, forest and waterway authorities, the citizens and other Intergovernmental Agreement Page 11 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 stakeholders to present the plan, gather inputs, identify and deliberate issues and formulate a context-sensitive-solution. 3. COORDINATION AND PARTNERSHIP — The Governmental Body will coordinate with the Kendall County Highway Department and the Department's District 1 Office on its plan for road capacity assessments, zoning changes, walking and bicycle paths; establish partnership with waterway authorities, adjacent communities, Kendall County Forest District and the Illinois Department of Natural Resources (IDNR) on its plan affecting the Fox River, wildlife and wetlands; coordinate with land developers on land use management. 4. CONCEPT DEVELOPMENT — The Governmental Body will assess the performance and effectiveness of existing transportation plans; develop specific plans for non-vehicle access, "bike-friendly" streets, pathways and parking areas; enhance land-use design in target corridor including complementary amenities; recommend changes to zoning codes and sign standards; promote the preservation of open space; and build multi-faceted transportation guidelines and policies. Deliverables: final reports and presentations consisting of the following: 1 . City of Yorkville Integrated Transportation plan and Fox River Watershed. 2. Downtown streetscape and pedestrian design. 3. Maps and Graphics. The Governmental Body will provide a copy of the final report to the Department and will provide, upon request, copies of any work products prepared through this Agreement. PART 6 COMPENSATION FOR SERVICES PARTICIPATION: FEDERAL FUNDING THROUGH DEPARTMENT STATE PLANNING AND RESEARCH (SPR) FUNDS $ 81 ,600 80% DEPARTMENT STATE FUNDS $ 10,200 10% FUNDING THROUGH GOVERNMENTAL BODY 10,200 10% TOTAL $1022000 100% Intergovernmental Agreement Page 12 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 PART 7 AGREEMENT AWARD NOTIFICATION REQUIRED FOR ALL PROJECTS Does this project receive Federal funds? ® Yes ❑ No Amount of Federal funds: $81 ,600 Federal Project Number SPR-PL 3000(37) CFDA Number* 20.205 Federal Agency Federal Highway Administration Program Title IL Highway Planning Research Program Amount of Federal funds: $0 Federal Project Number: CFDA Number* Federal Agency Program Title Description: Yorkville Integrated Transportation Plan and Fox River Watershed *For CFDA (Catalog of Federal Domestic Assistance) Number, refer to original Federal Award/Grant Agreement. ANNUAL CERTIFICATION FOR COMPLIANCE WITH FEDERAL OMB-CIRCULAR A-133 NOTE: ANNUAL COMPLIANCE WITH THIS REQUIREMENT IS MANDATORY FOR EVERY YEAR IN WHICH THE DEPARTMENT REIMBURSES COSTS FOR THIS PROJECT TO ANY STATES LOCAL GOVERNMENTS OR NONPROFIT ORGANIZATIONS. FAILURE TO COMPLY WITH THE ANNUAL CERTIFICATION TO THE DEPARTMENT WILL RESULT IN THE SUSPENSION OF PAYMENTS TO REIMBURSE PROJECT COSTS. In accordance with OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, such non-federal entities that expend $500,000 or more in federal awards in a year are required to have a single audit performed in accordance with OMB Circular A-133. The Illinois Department of Transportation (]DOT) is required by Federal law to obtain and review the single audit of all entities that had any Federally participating funds pass through it, irrespective of the amount provided by IDOT. It is the responsibility of the agencies expending Federal funds to comply with the requirements of OMB Circular A-133 and determine whether they are required to have a single audit performed. Intergovernmental Agreement Page 13 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 In order to comply with this requirement, your agency must provide the following information to the Department on an annual basis for every year in which you receive reimbursement from the Department for costs associated with this project: 1 . If your agency expended $500,000 (or the current OMB Circular A-133 qualifying amount) or more in federal awards from all sources, including other agencies, in a year, you are required to have a single audit performed in accordance with OMB Circular A-133 and submit a copy of the report to the Department within the earlier of 30 days after completion of the single audit or no more than nine months after the end of your fiscal year end. This is an annual requirement for every year in which you receive payments to reimburse costs for this project. 2. If your agency did not expend $500,000 (or the current OMB Circular A-133 qualifying amount) or more in federal awards from all sources, including other agencies, in any fiscal year for which you expend payments from the Department for reimbursement of project costs and were not required to conduct a single audit, you must complete and return the certification statement on the following page. This is an annual requirement for every year in which you receive payments to reimburse costs for this project. 3. If your agency receives multiple awards from the Department, only one annual submittal of this information is required. Please submit a copy of your OMB Circular A-133 single audit or the Single Audit Not Required Certification to: Illinois Department of Transportation Audit Section, Rm. 124 2300 South Dirksen Parkway Springfield, IL 62764 Attn: Julie Brooks The single audit must be comprised of four parts. You have the option of including the four parts in one report or a combination of reports. The four parts are commonly known as: 1 . Comprehensive Annual Financial Report (Financial Statements). 2. Schedule of Expenditures of Federal Awards and Independent Auditor's Report thereon. 3. Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and other matters based on an Audit of Financial Statements performed in accordance with Government Auditing Standards. 4. Independent Auditor's Report on Compliance with Requirements Applicable to each Major Program and on Internal Control over Compliance in accordance with OMB Circular A-133. Additional information which should be submitted: 1 . Corrective Action Plan(s), if applicable. 2. Management Letter, if applicable. 3. Status of Prior Year Findings, is applicable. For your convenience, you may also submit the information via email to Julie Brooks at Ju lie.Brooks(cDillinois.gov or via fax at 217/785-7624. If you have any questions, please contact Julie Brooks or me at 2171782-5148. Intergovernmental Agreement Page 14 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 Single Audit Not Required I certify that _did not expend $500,000 or more in federal awards in our fiscal year and was not required to have a single audit conducted. (Signature) (Title) Subrecipient Contact Information Subrecipient: City of Yorkville Contact Person: Title: Address: Phone No. IL Fax No. Fiscal Year End: Email address: Intergovernmental Agreement Page 15 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 Reviewed By: Agenda Item Number Z) T Legal ❑ f 1 ��i, 1836 esEST , I ,� Finance ❑ Engineer ❑ Tracking Number -4 Lin y City Administrator ❑ Sf Consultant El EDC 2007-52 ❑ Agenda Item Summary Memo Title: Aurora Area Convention &Visitors Bureau—Intergovernmental Agreement Renewal Meeting and Date: COW/CC—December 18, 2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: C/yy OA*$ Memorandum To: Economic Development Committee EST. ` 1836 From: Bart Olson, Assistant City Administrator 4 CC: Brendan McLaughlin, City Administrator; Travis Miller, p Community Development Director =A �`' Date: December 6, 2007 CE ��� Subject: Aurora Area Convention and Visitor' s Bureau Intergovernmental Agreement Renewal Our intergovernmental agreement with Aurora, Batavia, Plano, Sandwich, Big Rock, Montgomery, North Aurora and Sugar Grove for the Aurora Area Convention and Visitor's Bureau will expire on December 15, 2007. The Bureau coordinates tourism, convention and travel activities for the involved municipalities. In turn, each municipality levies a 3% tax on the renting, leasing, and letting of rooms in hotels within the municipality. The Bureau' s staff has forwarded an extension to the agreement which is up for consideration at this meeting and attached to your packet. I have also attached the text of the original agreement from 1987. This agreement has since been amended to extend the agreement four times for terms of five years each. Someone from the Bureau will be present at the meeting to discuss the Bureau's value to the City and answer questions. For the elected officials that receive an EDC packet, I have included the Bureau's most recent promotional booklet. There are additional promotional booklets available at City Hall. It is staff s recommendation to forward the agreement amendment to COW and City Council for approval. FIFTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT THIS FIFTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT ("Fifth Amendment') made effective the 15th day of December, 2007, by and between the cities of Aurora (hereinafter "Aurora"), Batavia (hereinafter "Batavia"), Plano (hereinafter "Plano'), Sandwich (hereinafter "Sandwich"), and Yorkville (hereinafter "Yorkville") and the Villages of Big Rock (hereinafter `Big Rock"), Montgomery (hereinafter "Montgomery") , North Aurora (hereinafter "North Aurora"), and Sugar Grove (hereinafter "Sugar Grove"), all municipal corporations of the State of Illinois (sometimes individually referred to herein as a "Municipality" and collectively referred to herein as the "Municipalities"). WITNESSETH : WHEREAS, effective December 15, 1987, Aurora, North Aurora , Sugar Grove and Montgomery, executed an Intergovernmental Cooperation Agreement (hereinafter 'Intergovernmental Agreement'), which was subsequently joined by Oswego and Yorkville, for a five-year term beginning on December 15, 1987 and ending on December 15, 1992; and WHEREAS, effective December 15, 1992, the Intergovernmental Agreement was amended extending the term from December 15, 1992 through December 15, 1997, with the exception of North Aurora, which only agreed to extend the term from December 15, 1992 through December 15, 1995; and WHEREAS, effective December 15, 1995, a Second Amended Intergovernmental Agreement was executed for the sole purpose of North Aurora agreeing to extend the term of the Intergovernmental Agreement from December 15, 1995 through December 15, 1997; and WHEREAS, effective December 15, 1997, a Third Amended Intergovernmental Agreement was executed by the Municipalities extending the term thereof from December 15, 1997 through December 15 , 2002 , which was subsequently joined by Plano; and WHEREAS, effective December 15, 2002, a Fourth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2002 through December 15, 2007, which was subsequently joined by the City of Batavia, City of Sandwich and the Village of Big Rock; and WHEREAS, the Municipalities have agreed to a Fifth Amendment to the Intergovernmental Agreement extending the term thereof for five (5) years from December 15, 2007 through December 15, 2012. 1 NOW, THEREFORE, the Municipalities, in consideration of the mutual covenants and agreements of the parties, do hereby and herein agree as follows: 1 . That the term of the Intergovernmental Agreement shall be extended for five (5) years from December 15, 2007 through December 15, 2012 as between all of the Municipalities. 2. That except as set forth in this Fifth Amendment, the Intergovernmental Agreement shall remain in full force and effect as originally executed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to be executed by their appropriate officers effective as of the date first above written. CITY OF AURORA, a Municipal corporation ATTEST: City Clerk Mayor VILLAGE OF NORTH AURORA, a Municipal corporation ATTEST: Village Clerk Village President VILLAGE OF SUGAR GROVE, a Municipal corporation ATTEST: Village Clerk Village President VILLAGE OF MONTGOMERY, a Municipal corporation ATTEST: Village Clerk Village President UNITED CITY OF YORKVILLE, a Municipal corporation ATTEST: 2 City Clerk Mayor VILLAGE OF BIG ROCK, a Municipal corporation ATTEST: Village Clerk Village President CITY OF PLANO, a Municipal corporation ATTEST: City Clerk Mayor CITY OF SANDWICH , a Municipal corporation ATTEST: City Clerk Mayor CITY OF BATAVIA, a Municipal corporation ATTEST: City Clerk Mayor 3 P . 2/4 OCT 12 ' 92 11 : 08 DSH&T LAW FIRM um+. .1WnvnffiNT'AL COOFERATTI?NGREE14IENT THIS INTERGOvERNMENTAL COOPERATION AGREEMENT made the _b— OCT Sc ' 92 11 : 08 DSH3T LAW FIRM P . 3/4 _ . . . . WHEREAS, the Municipalities desire to extend the Intergovernmental Agreement as set forth herein; NOW, THEREFORE, the Municipalities, in consideration of the below stated mutual covenants, do each hereby and herein agree as follows: 16 Each of the Municipalities herein shall initiate all proceedings necessary to the adoption of, modification of existing ordinances, if necessary, and shall thenceforth adopt, an appropriate ordinance imposing a tax in the nature and of the type described in Section 8-3-14 of the Illinois Municipal Code, whether authorized by Constitutional home rule powers or the authority of said Section, as applicable, to wit: a tax upon all persons engaged in such municipality in the business of renting, leasing or letting room in a hotel, as defined in "The hotel Operators' Occupation Tax Act" (Il1.Rev.Stat 1989, Ch. 120, par. 481b.31 et seq.). 21 Said takes shall be imposed under conditions and provisions in the nature and of the type described by said Section 8344, regardless of imposition authority applicable hereinunder, except as otherwise herein specified. 3. Said taxes shall be at a rate of 3 % of the gross rental receipts as further described and conditioned by said Section 8-3-146 . 4. The revenues from said taxes shall be devoted to the promotion of tourism and conventions or otherwise to attract non-resident overnight visitors, by the following disbursement: a minimum of 90% of all revenues shall be given over to AACTC and the remaining amount of up to 10% shall be individually retained by the taxing Municipalities. 5. This Intergovernmental Cooperation Agreement shall continue in full force and effect for a period beginning on the 15th day of December, 1992 and expiring on the 15th day of December, 1997. 2 3 '• k . . . .... . . . . 'vG c a , 5 t � .y > les 3 In d `QED C/py Reviewed By: Agenda Item Number J� w 0 Legal ❑ !� :', 1636 T. , Finance ES ❑ � Engineer ❑ ~� Tracking Number L L7 City Administrator ❑ Police ❑ <e Human Resources ❑ L� W d Do l - H q Public Works ❑ City Council Agenda Item Summary Memo Title: Cable and Video Competition Bill Related Ordinances City Council/COW/Committee Agenda Date: December 18, 2007—COW and CC Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion and Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: 0 crry ,_ � o Memorandum To: Committee of the Whole EST. ;` ..: 1936 From: Bart Olson, Assistant City Administrator A 1 CC: Brendan McLaughlin, City Administrator 9 p Date: December 13, 2007 Subject: Cable and Video Competition Ordinance Changes <LE lV There has been one significant change to the package of ordinances since the last presentation of them to you on November 27`h. The change is included in the "Franchise Fee and PEG Fee" ordinance. The original version of the ordinance included a fee for capital projects related to PEG programming in the amount of 1 % of gross revenues for a video provider. If passed, that ordinance would have also applied to Comcast, which has a cable franchise agreement with us that has a different PEG fee clause, and would have likely resulted in Comcast threatening litigation against us. Accordingly, we have changed the PEG fee clause in the "Franchise Fee and PEG Fee" ordinance to mirror the clause currently in the cable franchise agreement with Comcast. This new clause allows the City to demand the video provider to collect $ 1 per subscriber per month for PEG capital expenses (upon request and documentation of justification of expenses). This new clause allows the City to collect the fees, if needed, and keeps us away from litigation by Comcast. 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 1 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 ILLS 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. Purim. 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 Subiect to this Chanter. 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 "ANSP" - 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- ti or better and of a class size "X" 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 Security Fund. 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) Permittee's failure to construct the facilities substantially in accordance with the permit and approved plans. B. Notice of Revocation or Sus ep nsion. 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 if: 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 Shorine. 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 backfrlled 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 backfrlled 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 backfilled 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 J.U.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 furnished 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 prig 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 50/1 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 nonnal 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 party 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 CABLE/VIDEO 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 CABLE/VIDEO 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 term 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 ILLS 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 220 ILCS 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 Mreline 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: CABLENIDEO 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 Liabilitv. 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 Pam. 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. Upon a written request by the City to the Holder after the Effective Date of this Ordinance, the Holder shall agree to add an external charge of up to one dollar ($ 1 .00) per month, as determined below, on each direct pay Subscriber's bill for Basic Service for PEG access capital pursuant to 47 U.S.C. 542(g)(2)(c) of the Cable Act, provided that such request includes a written PEG capital needs assessment documenting the need and the intended utilization of the requested PEG capital funds, as well as annual documentation by the City of sufficient operating funds for the practical utilization of the contemplated capital investment. Equipment purchase with the PEG access capital payments shall be utilized to develop PEG programming for Subscribers. The City's written request shall specify the amount of the external charge to be added to each direct pay subscriber's bill for basic service for PEG access capital pursuant to 47 U.S.C. 4 542(g)(2)(c) of the Cable Act. The external charge shall be added within one hundred and twenty ( 120) days of the request, unless otherwise agreed to by the parties and remain on each direct pay Subscriber's bill for basic service for twelve (12) months unless the City requests one hundred twenty (120) days prior to the expiration of the original external charge, an extension of the external charge for an additional twelve (12) months with the appropriate documentation in accordance with the previous request. Additionally, the City may within one hundred twenty (120) days prior to the expiration of the second external charge make a request for another extension of the external charge for an additional twelve ( 12) months with the appropriate documentation in accordance with the original request. The Holder shall collect the external charge and make the additional PEG capital payments in installments from such collected sums. Said installments shall be paid at the same time and in the same manner as Franchise Fee payments are made. The capital payments shall be expended for PEG facilities and equipment to be utilized to develop PEG programming for Subscribers. The Holder shall terminate the PEG external charge within one hundred and twenty ( 120) days of a written request by the City to terminate the PEG external charge. C. Pam. 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. E. Credit for Other Payments. 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. 5 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 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: 6 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. 7 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: CHAPTER3 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: NAYES: 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 ®,��O® cl;p, Reviewed By: Agenda Item Number or O s , T Legal ❑ City Admin. #1 Esr. s Finance lea ❑ - Engineer El-�--� Tracking Number 40 low w City Administrator ❑ �O Consultant ❑ COW 2007-47 e ❑ <CE Agenda Item Summary Memo Title: Meeting Structure and Schedule for 2008 Meeting and Date° COW/CC — December 18, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: See attached memo. C/; . Memorandum EST rsas To: Elected Officials { ~�� From: Brendan McLaughlin, City Administrator Cy 0 Date: December 14, 2007 ALE ti4rV Subject: Meeting Structure and Schedule for 2008 Based on direction provided by the City Council at their City Council Meeting on November 27`" the meeting structure and schedule changes for calendar year 2008 are recommended as follows: 1 ) Change the format for the Regular City Council Meetings held on the second and fourth Tuesdays of each month to allow for broader discussion of agenda items and the ability to vote on the agenda item at the end of that discussion. 2) Change the Committee of the Whole from the second and fourth Tuesday to the first and third Tuesday. This meeting is intended to be shorter than the current Committee of the Whole Meetings. It will allow Alderman the opportunity to review the agenda items for all four City Council Committees and provide any thoughts they would like the committee to consider prior to the committee's deliberations on the item. 3) The Public Works Committee and the Administration Committee will continue to meet on the First Tuesday of the Month following the Committee of the Whole Meeting. The Public Safety Committee and the Economic Development Committee will meet on the third Tuesday of the month following the Committee of the Whole Meeting. It is recommended that the City Council approve these changes and adopt the meeting schedule as required by state statute so that it can be published for 2008. `�fpD Clry Reviewed By: Agenda Item Number J� T Legal ❑ ��� { EST. , _-® 1836 Finance ❑ Engineer ❑ -�� g Tracking Number 4 .� L7 City Administrator ❑ Consultant ❑ rVV ❑ Agenda Item Summary Memo Title: Well 4 Rehabilitation contract Meeting and Date: Synopsis: Cover letter from EEI and proposed contract for signature if passed Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-9350 PAX: 630 / 466-9380 www.eeiweb.com Engineering Enterprises, Inc. November 27, 2007 Mr. Joe Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Water Well No. 4 Rehabilitation, Contract H.2 United City of Yorkville, Kendall Co., IL Dear Mr. Wywrot: In accordance with City Council direction, we prepared project specifications for the rehabilitation of Water Well No. 4. Accordingly, we have solicited a proposal from Layne- Western. As previously discussed, Layne-Western is the only qualified contractor in our region that is capable and authorized to perform the outlined rehabilitation work. Enclosed for your review and record is the signed proposal from Layne-Western. We have reviewed the unit prices and total estimated cost and found that the proposal is consistent with the Engineer's Opinion of Probable Construction Cost (please see attached Bid Tabulation). We have also reviewed the exceptions noted in the cover letter from Layne-Western and find them to be acceptable and consistent with industry standards for rehabilitation projects. Please be advised that the work items, quantities, and unit prices represent our best estimate of the cost to complete the well rehabilitation. It is possible that once the equipment is pulled from the well and further inspected that a modification to the scope of work and contract may be required . As always we will monitor the project as it progresses and advise you and Mr. Dhuse of the status of the project. Accordingly, we recommend acceptance of the proposal from Layne-Western in the amount of $264,886.00 for the Water Well No. 4 Rehabilitation work. Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joe Wywrot, P.E. November 27, 2007 Page 2 Should you need any further information, please do not hesitate to contact us. Respectfully submitted, ENGINEERING E�NTEER�RPRISES, INC. Andrew R. Deitchman, P.E. Senior Project Engineer 11 Ir ifeyW.�F reeman P. E. CFM � , Vice President ARD/ard Enclosure pc: Mayor Valerie Burd Mr. Brendan McLaughlin — City Administrator Mr. Travis Miller — Community Development Director Mr. Eric Dhuse — Director of Public Works Ms. Kathleen Field Orr — City Attorney TWT, TPF — EEI OBRUBLIC\YORKVILLE\207\YO0 13 CONTRACT H2 -WELL NO. 4 REHABILITATIONI000\1-WMROT02OOC BID TABULATION WATER WELL NO.4 REHABILITATION- CONTRACT H.2 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS LAYNE-WESTERN CO. ENGINEER'S ESTIMATE WATER WELL NO. 4 RE14ABJUTATION- CONTRACT H.2- BASE BID SCHEDULE BID TABULATION 721 W. Illinois Avenue 52 Wheeler Road UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS BIOS RECD 11/19107 Aurora, IL 60506 Sugar Grove, IL 60554 REM UNIT UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT 1 MOBILIZATION LS 1 $ 8625.00 $ 8625.00 $ 7500.0) 7500.00 2 REMOVE EXISTING PUMP, MOTOR, COLUMN PIPING LS 1 11,960.00 $ 11,960.00 11,000.00 $ 11,000.00 CABLE AND APPURTENANCES FROM THE WELL 3 INSPECT EXISTING PUMP AND MOTOR LS 1 4.775.00 6775.00 4,000.00 S 4.000.00 4 FURNISH A FACTORY RE-BUILT 250 HP SUBMERSIBLE MOTOR FROM LB 1 66,294.00 $ 66,294.00 75,000.0 $ 75,000.00 LAYNE-WESTERN INVENTORY IN ACCORDANCE WITH THE SPECIFICATIONS 5 FURNISH A PUMP FROM LAYNE.WESTERN INVENTORY IN ACCORDANCE LS 1 29,970.00 $ 29,970.00 281000.00 $ 28,000.00 IWITH THE SPECIFICATIONS WITHOUT A FACTORY PUMP TEST 6 PERFORM BAILING WITH RIG AND TWO MAN CREW HR 40 304.00 $ 12160.00 310.00 $ 12400.00 7 CONDUCT TELEVISION SURVEY LS 1 2,300.00 $ 2300.00 2100.00 2100.00 B FURNISH DISCHARGE COLUMN PIPING, 10' IN ACCORDANCE WITH LF 700 74.00 $ 51,800.00 76.00 $ 53.200.00 THE SPECIFICATIONS 9 FURNISH A POWER CABLE IN ACCORDANCE LF 705 WED $ 37,224.00 50.00 $ 35,250.00 WITH THE SPECIFICATIONS 10 FURNISH DISCHARGE COLUMN SURGE VALVES IN EA 2 1,160.00 $ 2,336.00 725.00 $ 1,450.00 ACCORDANCE WITH THE SPECIFICATIONS 11 FURNISH AIRLINE WATER LEVEL INDICATOR IN LP 1,400 0.251 $ 350.00 0.20 $ 280.00 ACCORDANCE WITH THE SPECIFICATIONS 12 FURNISH SUBMERSIBLE LEVEL TRANSDUCER IN LS 1 9,670.00 $ S'trra00 8,000.00 $ 8,000.00 1ACCORDANCE WITH THE SPECIFICATIONS W/ 1-114' PVC Pipe) 13 INSTALL THE SUBMERSIBLE PUMP AND MOTOR, LS 1 16,962.00 $ 16,962.00 15.500.00 $ 15,500.00 COLUMN PIPING, POWER CABLE, DISCHARGE SURGE VALVES, AIRLINE WATER LEVEL INDICATOR, SUBMERSIBLE LEVEL TRANSDUCER AND ALL ACCESSORIES COMPLETE IN PLACE AND IN OPERATING CONDITION ALL IN ACCORDANCE WITH THE SPECIFICATIONS 14 CONDUCT PUMPING TEST HR 8 245.00 1.96 OD 250.0D $ 2000.00 15 PERFORM WELL DISINFECTION EA 2 1.800MO1 $ 360100 1500.00 $ 3900.00 16 DEMOBILIZATION AND SITE RESTORATION LS 1 4,900.00 $ 4,900.00 5000.00 $ 5000.00 TOTAL FOR ITEMS i - 16 & $ 264,886.00 $ 263,600.00 TOTAL BASE BID FOR WATER WELL NO. 4 REHABILITATION P:wrorovoxne.womwrlo mm t RZ.wo NU 4wNS.mee,�E,aye wwlsuw ENGINEERING EMERPRISES, ING SUGARGROVE, ILUN015 T / SIDTASULATION WATER WELL NO. 4 REHABILITATION- CONTRACT H.2 UNITED CITY OF YORKVILLE KEN DALL COUNTY, ILLINOIS LAYNE-WESTERN CO. ENGINEER'S ESTIMATE WATER WELL NO. 4 REHABILITATION- CONTRACT H.2 - SUPPLEMENTAL BID SCHEDULE BID TABULATION 721 W. Illinois Avenue 52 Wheeler Road UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS BIDS RECD 11/19107 Aurora, IL 60506 Sugar Grove, IL 60554 ITEM UNIT UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT 17 WELL DEVELOPMENT BY AIR PRESSURIZING 174. FURNISH, INSTALL S REMOVE EQUIPMENT LS i $ 14500.00 $ 14500.00 $ 18000.00 18000.00 171o. PERFORM WELL DEVELOPMENT HR 32 498.00 $ 15936.110 465.00 $ 14560.00 18 REBUILD PUMP BOWL ASSEMBLY LS 1 8675.00 $ 8675.00 6500.00 $ 8500.00 19 SANDBLAST EXISTING COLUMN PIPE LF 542 12.00 $ 6.504.00 10.00 12470.W 2D COAT EXISTING COLUMN PIPE LF 542 14.00 $ 7588.00 12.00 21 CUTTING AND RETHREADING ENDS OF COLUMN PIPE EA 52 85.00 4420.00 58.00 22 REPLACE THREADED PIPE COUPLINGS EA 26 161.00 $ 4186.00 95.00 23 FURNISH A NEW 250 HP SUBMERSIBLE MOT0R IN LS 1 71.450.00 $ 71,450.00 80,000.00 ACCORDANCE WITH THE SPECIFICATIONS 24 FURNISH A PUMP FROM BYRON JACKSON IN ACCORDANCE LS 1 32,070.00 $ 32,070.00 30,000.00 , .0 WITH THE SPECIFICATIONS WITH A FACTORY PUMP TEST TOTAL OF ITEMS 17 - 29 S 165,929.00 $ 166,470.90 SUPPLEMENTAL BID FOR WATER WELL NO, 4 REHABILITATION ¢wesamxahvonmon>CmGSIM].W W Nut xn.e3enn @v�1W,ht4eUP1 ENGINEERING ENTERPRISES,INC. SUGAR GROVE, ILLINOIS Layne- Western a dbisiun ajLayne Christensen Compma, 721 West Illinois Avenue • Aurora, Illinois 60506-2892 • Phone:�(630) 897-6941 • Fax: (630) 897-6976 November 19, 2007 Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 ATTN: Mr. Andrew R. Deitchman, P.E. Senior Project Engineer RE: United City of Yorkville, IL Bid for Well No, 4 Rehabilitation, Contract H.2 Dear Mr. Deitchman: We are pleased to submit our bid for the above-referenced project. Our bid is based on specifications provided by Engineering Enterprises, Inc. We submit this letter with the intention that it be included with our attached proposal. We have inspected the site and know the scope of work from this inspection and previous pump repairs what is required for the pumphouse removal. As part of our mobilization and set-up, we assume that the City will handle the movement of the low voltage communication lines that are overhead the well. We have discussed the discharge of the test pump water with the City and will submit our bid on the basis that the discharge point will be no further than 200 feet from the Well No. 4 site. If a new 250 HP Type H Submersible Motor (with flat cable) is desired, per the Supplemental Prices, the estimated lead time is currently 3-4 months. This would then require a time extension to the contract. In order to comply with the 60 day completion time, our new bowl assembly price is based upon utilizing stock components in our Aurora, Illinois inventory. (A factory furnished bowl assembly would require a several week lead time.) Therefore, a factory performance test is not included in our pricing/bid. Please find enclosed a performance curve for the proposed 12 Stage — 13MQ/12MQL Byron Jackson Bowl Assembly that would be furnished to meet the specification design condition. Engineering Enterprises, Inc. ATTN: Andrew Deitchman, P.E. RE: United City of Yorkville - Bid for Well No. 4 Rehabilitation, Contract H.2 November 19, 2007 Page 2 If the City would like to delete the need for a Performance and Payment Bond, we can deduct $1 ,500.00 from Item No. 1 , Mobilization. Layne-Western drilled Well No. 4, furnished and installed the new 250 HP Byron Jackson submersible pump, and repaired the subject well pump the only two times this was required since the date of original installation. We are very appreciative of this opportunity to continue our working relationship with United City of Yorkville and hope our bid meets your favorable response. Thank you. Yours very truly, Layne-Western a division or Layne Christensen Company Thomas P. Healy, P.E. Assistant District Manager TPH/mcw 111907 Engineeri to n oc M BID Proposal of Layne-Westem a Division of Layne Christensen Comoaa (hereinafter called "BIDDER"), organized and existing under the laws of the State of Davoiazz- doing business as a corporation to United City of Yorkville (hereinafter called "OWNER'). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the construction of Well No. 4 Rehabilitation and associated appurtenances. Contract H.2 in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below. If awarded the contract, the BIDDER hereby agrees to sign said contract and fumish the necessary bonds and certificates of insurance within ten (10) days after the NOTICE OF AWARD of this contract and agrees to perform in accordance with all contract terms. If awarded the contract, the BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete all Bid Items of the PROJECT within 60 consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated damages, the sum of 550 for each consecutive calendar day thereafter the time of completion as provided in Section 15 of the General Conditions. (1) By submission of the bid, each bidder certifies, and in the case of a joint bid each party thereto certifies as to his own organization, that in connection vrith the bid: (i) The prices in the bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; (ii) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the bidder, Insert "a corporation", "a partnership", or "an individual" as applicable. (continued) B-01 BID Page 2 prior to opening, directly or indirectly to any to other bidder or to any competitor, and (iii) No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. (11) Each person signing the bid shall certify that: (i) He is the person In the bidders organization responsible within that organization for the decision as to the prices being bid and that he has not participated, and will not participate, in any action contrary to (1) (1) through (1) (iii) above; or (ii) He is not the person in the bidder's organization responsible within that organization for the decision as to the prices being bid but that he has been authorized to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (1) (1) through (1) (iii) above, and as their agent shall so certify; and shall also certify that he has not participated, and will not participate, in any action contrary to (1) @ through (1) (iii) above. BIDDER acknowledges receipt of the following ADDENDUM: -(aeadrleRe'atrr)- •¢aabtr / - 3r��1f.D BID INSTRUCTIONS The BIDDER expressly agrees to the following provisions: 1 . The BIDDER shall complete and submit the Base Bid Schedule and the Supplemental Bid Schedules included herein with his Bid. BIDDER agrees to perform all work described in the CONTRACT DOCUMENTS for the following unit prices or lump sum contained in the following Bid Schedules: (continued) B-02 BID Page 3 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS WATER WELL NO. 4s CONTRACT H,2 REHABILITATION BASE 810 SCHEDULE REM UNIT NO. ITEM UNIT QUAN71TY PRICE AMOUNT 1 MOBILIZATION LS 1 $ 662500 S 6.625.00 2 REMOVE EXISTING PUMP, MOTOR, COLUMN PIPING LS 1 11.96000 S 11.980.00 CABLE AND APPURTENANCES FROM THE WELL 3 INSPECT EXISTING PUMP AND MOTOR LS 1 4775.00 5 4.775.00 4 FURNISH A FACTORY RE-BUILT 250 HP SUBMERSIBLE MOTOR FROM LS 1 6629400 S 66.294.00 LAYNE-WESTERN INVENTORY IN ACCORDANCE WITH THE SPECIFICATIONS 5 FURNISH A PUMP FROM LAYNE-WESTERN INVENTORY IN ACCORDANCE LS 1 29.970.00 3 29.97000 WITH THE SPECIFICATIONS WITHOUT FACTORY PUMP TEST 6 PERFORM BAIUNG WITH RIG AND TWO MAN CREW HR 40 304,00 S 11160.00 7 CONDUCT TELEVISION SURVEY LS 1 2.3DD.00 $ 2.300.00 8 FURNISH DISCHARGE COLUMN PIPING, 10' IN ACCORDANCE WITH LF 700 74.00 $ 51.800.00 THE SPECIFICATIONS 9 FURNISH POWER CABLE IN ACCORDANCE LF 705 52.80 S 37.224.00 WITH THE SPECIFICATIONS 10 FURNISH DISCHARGE COLUMN SURGE VALVES IN EA 2 1.168.00 S 2.336.00 WITH THE SPECIFICATIONS WITH FACTORY PUMP TEST 11 FURNISH AIRLINE WATER LEVEL INDICATOR IN LF 1,400 0.25 S 350.00 ACCORDANCE WITH THE SPECIFICATIONS 12 FURNISH SUBMERSIBLE LEVEL TRANSDUCER IN LS 1 9.670.00 $ 9.670.OD ACCORDANCE WITH THE SPECIFICATIONS IN 1-IW PVC Pips) 13 INSTALL THE SUBMERSIBLE PUMP AND MOTOR, LS 1 16.96200 S 16.962.00 COLUMN PIPING, POWER CABLE, DISCHARGE SURGE VALVES, AIRLINE WATER LEVEL INDICATOR, SUBMERSIBLE LEVEL TRANSDUCER AND ALL ACCESSORIES COMPLETE IN PLACE AND IN OPERATING CONDITION, ALL INACCORDANCE WITH THE SPECIFICATIONS 14 CONDUCT PUMPING TEST HR B 245.00 S 1.960.00 15 PERFORM WELL DISINFECTION EA 2 1.80000 $ 3.600.00 16 DEMOBILIZATION AND SITE RESTORATION LS 1 4.900.00 3 4.900.00 TOTAL FOR ITEMS 1 • 166 S 264,888.00 TOTAL BASE BID FOR WATER WELL NO. 4 REHABILITATION ME SUPFLEMEWAL UNIT PRICES FOR EONPMEW AND DEVELOPMEW MR1. = MINIMUM O.D. =OUTSIDE DIAMETER MAX. MAXIMUM I.D. aDISIDE DIAMETER DIA 'DIAMETER 4Necumwb M 6aOpRVm Xeu/ary Oxunmu\YM�1Bb b W LMkgN,ePC 1Im10.M (continued) B-03 BID Page 4 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS WATER WELL NO. 4m CONTRACT H.2 REHABILITATION SUPPLEMENTAL BID SCHEDULE (IF REQUIRED ITEM UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT 17 WELL DEVELOPMENT BY AIR PRESSURIZING 17a. FURNISH, INSTALL B REMOVE EQUIPMENT LS 1 S 14.500.00 S 14,600.00 174 PERFORM WELL DEVELOPMENT HR 32 498.00 $ 15.936.00 18 REBUILD PUMP BOWL ASSEMBLY LS 1 8.676.00 $ 5.875.00 19 SANDBLAST EXISTWG COLUMN PIPE LF 642 12.00 S 6.504.00 20 COAT EXISTING COLUMN PIPE LF 542 14,00 S 7.588.00 21 CUTTING AND RETHREADING ENDS OF COLUMN PIPE EA 52 85.00 S 4A20.00 22 REPLACE THREADED PIPE COUPLINGS EA 26 161.00 S 4.186.00 23 FURNISH A NEW 250 HP SUBMERSIBLE MOT0R IN LS 1 71.450.00 S 71.450.00 ACCORDANCE WITH THE SPECIFICATIONS 24 FURNISH A PUMP FROM BYRON JACKSON IN ACCORDANCE LS 1 32.070.00 . S 32.070.OD WITH THE SPECIFICATIONS WITH A FACTORY PUMP TEST TOTAL OF ITEMS 17 .24 S 165,320.00 SUPPLEMENTAL BID FOR WATER WELL NO. 4 REHABILITATION caow..n.,a.x s+�we �*em ne.M`h ommvmruw+Va�angkalen.sa I�en am (continued) B-04 RID Page 5 (If an individual) Signature of Bidder (SEAL) Business Address (If a co-partnership) Firm Name Signed By Business Address Insert Names and Addresses of All Members of the Firm (If a corporation) Corporate Name Layne-Westem. a Division of Layne Christensen Com an Signs PlSTf erIU6, Business Address 721 W. Illinois Avenue Aurora Illinois 60506 (Corporate Seal) President Insert Narne of Secretary 5' //E Officers T su r Attest: !� Seewhily B-05 a I � a0 m ' m = � IHI X 2eoLL � I o `omM1 � a ivg3e " vi " I ' a � rN ^ i � ' WN IOVtV ¢ ° iMNNNV � iX mO� Nb N � W ? mm 'pm O CCC0C9 W om ¢ m� aa,ommm 6 c Z m mmW 00 V immtTn 2 b + J co ¢ NN O � V Nm um Cp, Z N 1°OON � O � E E con m wpl � ° no " CJ ca w E m = v v C � 3 ma (7m G I ¢ ¢ xmy> Z d � z N am O O O cl O X ZLT 't N O C°9 r n X N Wm .- o3m p � O MT yyF u rn E r CL ZZ 3 xf O < tL y! $ �f a Sf y p w E is $ °o O N N w n°. P8 n we ¢ ai m m9 0. !O o am+ > E o °U6 a s z f I h ° C .0 " 8f ° O Mc E ff o W G m p Of ui � c> z ui c rf O c ow `m Of f°o m� a 3 s x s = o i 9 z o 0 a SUE JJJ\ J °o W N °o °o °o °° °o ;aaj ui peaH 10101 `ttp0 C/} y Reviewed By: Agenda Item Number c� O J 4 " a+ Legal ❑ P J 44-C) EST ^� 1836 Finance Engineer Tracking Number 4 City Administrator ❑ ;A °fix°m ` O Consultant ❑ � V\/ ��UO� - � 1� LE Agenda Item Summary Memo Title: In-Town Road Program - Roadway Change Order 43 Meeting and Date: December 18, 2007 Committee of the Whole Synopsis: This change order in the amount of $ 14,658.25 is for additional work related to the work stoppage that occurred on August 2, 2007. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum J� a 0� EST. 1636 To: Brendan McLaughlin, City Admimstrat2L. — From: Joe Wywrot, City Engineer U " 14 Jul lol CC: Bart Olson, Assistant City Adinkistratrir Sue Mika, Finance Director <LE ®v Lisa Pickering, Deputy City Clerk Date: December 17, 2007 Subject: In-Town Road Program — Roadway Change Order #3 Attached find revised Change Order #3 from the In-Town Road Program. This change order, in the amount of a $ 14,658.,25 increase, is related to the roadway work stoppage that occurred between August 2"d and August 14th. Several residents raised concerns in late July about the road project, primarily regarding the elevation of the curbs and how it would affect their driveways and the surface drainage near their homes. Construction proceeded as we responded to the resident concerns on a case-by-case basis. On August 2nd the final preparation of' Mill and Heustis Streets were completed for paving of the binder course on August 3` , but there were still some residents that were not satisfied with the roadway design, Since paving of the binder course the next day would have effectively precluded any changes to the roadway design, a decision was made on August 2"d to stop work, The project resumed on August 15"i, but by then the rainstorms that occurred in mid-to-late August had begun. The exposed gravel road base on Mill and Heustis Streets washed out and had to be re-graded and re-primed before the paving work could resume. The original change order was in the amount of $ 15,444.25, and consisted of the labor and equipment needed to get Mill Street and Heustis Street back to the point they were at before the work stoppage occurred. Included was the cost of flagmen employed when the second application of prime coat was put down, Aurora Blacktop normally absorbs the cost of flagmen, but they asked for reimbursement for the second application. We have discussed this with them, and in the spirit of the season they have agreed to remove that cost from the change order, resulting in the lower dollar amount. I recommend that this revised change order be approved. Please place this item on the Committee of the Whole agenda of December 18, 2007 for consideration. CITY OF YORXVILLE CHANGE O"ER PROJECT NAME: 2007 In Town Road Improvement Program JOB NO..: YORK-040818.01 -06 LOCATION: Heustis, Fox, Mill, Washington Streets CHANGE ORDER: 3 CONTRACTOR: Aurora Blacktop Inc. DATE: 10/3112007 DESCRIPTION OF CHANGE ORDER: Extra work needed to re-grade, and re-prime roads due to job shutdown ORIGINAL CONTRACT AMOUNT: [1 ] $ 1 ,232,735.79 TOTAL OF PREVIOUS AUTHORIZED CHANGE ORDERS: [2] $31 ,790.00 CURRENT CONTRACT AMOUNT: ([1]+[2]) [3] $1 ,264,525.79 PROPOSED CHANGE ORDER: (PENDING APPROVAL) [4] $14,658.25 PROPOSED REVISED CONTRACT AMOUNT: (PENDING APPROVAL) ([3]+[4]) [5] $11279, 184.04 NET OF ALL CHANGE ORDERS: (PENDING APPROVAL) ([2]+[4]) $46,448.25 TIME EXTENSION OR REDUCTION: 0 TOTAL CONTRACT TIME: (PENDING APPROVAL) RECOMMENDED FOR ACCEPTANCE : Approved By: Resident Engineer Date (>S10Kor25%) Mayor Date Approved By: Contractor Date (c$10Kor25%) City Manager Date Attest: City Engineer Date City Clerk Date It is understood that as part of this change order that the Contractor agrees that all bonds, pennits, insurance and guarantees are hereby extended to incorporate this Change Order. Page 1 of 2 2007 In Town Road Improvement Program C..O.. #3 Date ITEM Hours Rate AMOUNT Worked per/hr 8/14/2007 Road Grader w/operator 6.5 $175.00 $1 ,137.50 Roller w/operator 6.5 $120.00 $780.00 Laborer 6.5 $65.50 $425.75 8/15/2007 Road Grader w/operator 5.0 $175.00 $875.00 Roller w/operator 5.0 $120.00 $600.00 Laborer 510 $65.50 1 $327.50 8/16/2007 Road Grader w/operator 9.0 $175.00 $1 ,575.00 Roller w/operator 9.0 $120.00 $1 ,080.00 Laborer 9.0 $65.50 $589.50 8/17/2007 Road Grader w/operator 9.0 $175.00 $1 ,575.00 Roller w/operator 9.0 $120.00 $1 ,080.00 Laborer 9.0 $65.50 $589.50 8/21/2007 lRoad Grader w/operator 7.0 $175.00 $11225.00 Roller w/operator 7.0 $120.00 $840.00 Laborer 7.0 $65.50 $458.50 8/14/2007 Remobilization $1 $ 00.00 TOTAL $14,658.25 Page 2 of 2 `QED C/p y Reviewed By: Agenda Item Number J� Legal ❑ 'PS " I Finance ❑ EST. , 1636 Engineer ❑ D� L City Administrator ❑ Tracking Number Police ❑ �E ���? Human Resources El 'PS d Ob-7 JH Public Works ❑ City Council Agenda Item Summary Memo Title: Somonauk On-Street Parking Ban City Council/COW/Committee Agenda Date: (G VJ C C Dice m1xk- ooh Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion and direction Submitted by: Bart Olson Administration Name Department Agenda Item Notes: `,CEO CtJ.` Memorandum To: Committee of the Whole EST. lass From: Bart Olson, Assistant City Administrator .4 1 N CC: Brendan McLaughlin, City Administrator C.p ® p` Date: December 13, 2007 <LE y1? Subject: Somonauk Street parking ban request At the November Public Safety Committee meeting, the committee discussed a parking ban on Somonauk Street from Route 47 to Colton/Bristol St. Several residents attended the meeting to show their opposition to the ban as proposed (handout of one group attached to this memo). By the end of the discussion, the committee asked that the agenda item be moved forward to COW for additional input from the other aldermen and residents. The committee asked for the original proposal to be attached to the packet, along with the option for an alternate ordinance. No specific alternative was preferred; therefore no alternate ordinance has been drafted. However, the list of "proposed solutions" in the attached handout display two options (numbers 2 and 3) that may still accomplish the goals of the proposed ban and achieve acceptance by the residents in the immediate area. Staff seeks your direction on which option to choose (ban, no ban, or alternate ban). REALTY EXECUTIVES SUCCESS Public Safety Committee of the United City of Yorkville City Council As the Owner and Managing Broker of Realty Executives Success, I wish to express concerns over the proposed parking ban on East Somonauk Street between Rte. 47 and Colton Street/Bristol Avenue as illustrated on your map provided to us. The proposed changes would inflict irreparable harm upon us and our business, so we ask this body to give strong consideration to our concerns. I. The Parking Ban would cause a Financial Hardship Realty Executives Success and its Employees. A.) The Ban Constricts our ability to Grow our Business 1 .) Current number of employees vs. parking access a.) 10 current employees / 27 current parking options b .) 10 current employees / 7 proposed parking options 2.) Projected number of employees in 12 months vs . parking access a.) 16 projected employees / 27 current parking access b.) 16 projected employees / 7 proposed parking options It's Impossible to grow our business with less than 50% parking availability for our employees. s.. 119p 24113 W. Lockport St. , Plainfield, IL 60544 • Office: (815) 436-6000 Fax: (815) 436-6779 0 p 101 E. Somonauk St. , Yorkville, IL 60560 Office: (630) 553-8400 Fax: (630) 553-8404 REALTOR B .) The Ban Forces us to chooaA o her Location for our Business 1 .) Direct Moving Costs 2 .) Building Improvement (build-out) Costs of New Location 3 .) Advertising/Publicity costs Associated With a Move 4 .) Lost Business due to a Move 5 .) Potential Loss of Employees due to the Move II. Imposing a Parking Ban Conflicts with the Current Zoning A.) Current Owner and Current Tenant have improved and maintained property to the City's standard since obtaining Proper Zoning. B .) Restricting Parking to 7 spaces for 3 ,000 square feet of available space is overly restrictive III. Safety Concerns are Exaggerated A.) No tangible evidence is provided to document safety issues B .) Additional traffic lights may be necessary at additional intersections to address the issue C.) Somonauk Street could be widened and local residents compensated at fair market value for all loss of frontage resulting from such action D .) Safety threats for local residents Increase if they are forced to park l + blocks away from their homes IV. Parking Ban Will Greatly Reduce the Property Value of 101 E. Somonauk Street PROPOSED SOLUTIONS 1 ) Take no action 2) Limit parking on the south side of Somonauk Street 3) Limit parking on both sides of Somonauk Street in front of 101 , 102, 1035 and 104 Somonauk Street Respectfully Submitted November 20, 2007 Jeffrey Gregory, Owner/Managing Broker Realty Executives Success STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2007-_ ORDINANCE AMENDING CITY CODE TITLE 6 — TRAFFIC, CHAPTER 2 REGARDING PARKING RESTRICTIONS ON SOMONAUK STREET Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code, Title 6 — Traffic, Chapter 2 Parking regarding establishing restrictions on parking (no parking areas) for portions of Somonauk Street, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Title 6 — Traffic, Chapter 2 — Parking Regulations by adding the portions of Somonauk Street as depicted on the attached Exhibit "A" to the list of streets in Section 6-2-2, with said streets to be added into the proper places by alphabetical order, and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, that Title 6 — Traffic, Chapter 2 — Parking Regulations of the City Code of the United City of Yorkville is hereby amended by adding to Section 6-2-2 portions of Somonauk Street, as depicted on the attached Exhibit "A". (Adding the streets at the proper place by alphabetical order.) i This Ordinance shall be effective upon its passage. I. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALTER WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A-D. 2007. ATTEST: CITY CLERK Exhibit "A" TIRE 6 — TRAFFIC, CHAPTER 2, PARKING REGULATIONS Add to the list of Streets in Section 6-2-2 the following: SOMONAUK STREET A "no parking" zone shall be created on the north and south sides of Somonauk Street between Route 47 and Colton Street. =.QED car o United City of Yorkville 800 Game Farm Road EST. , „-x__...,.. 1836 Yorkville, Illinois 60560 I Telephone : 630-553 -4350 ; ® n �\ Fax: 630-553 -7575 <tE October 24, 2007 Name Address Yorkville, IL Dear Resident, The Public Safety Committee of the United City of Yorkville City Council will be conducting a discussion on a proposed parking ban on East Somonauk Street between Route 47 and Colton Street/Bristol Avenue (map attached) on Tuesday, November 201i at 6 p.m. in the City Hall conference room at 800 Game Farm Road. As a resident directly adjacent to the proposed area, we invite you to attend this meeting and provide us with feedback. We have attached the information included in the most recent Public Safety Committee meeting packet. Please contact Brendan McLaughlin, City Administrator or any one of the committee members at the phone number or address above with questions or comments. Truly yours, The Public Safety Committee of the United City of Yorkville City Council Rose Spears, Chairman, Ward 4 Alderman Robyn Sutcliffe, Vice-Chairman, Ward 3 Alderman Wally Werderich, Ward 1 Alderman Arden Plocher, Ward 2 Alderman Enclosures: Map of area of proposed parking ban Packet material (tracking document, cover memo, proposed ordinance) 708 711 1 i 705 — 1I 704 711 701 I , 691 05T. M to 610 I c- c- 609 702 r E–P-ark S. m rn 7°i [e-®] [°� � 608 Z r °' I1-60 J HO N !n m L ° C°� Eel ° t- T� r T 609 C N WSomonauk-St: E_Sorr►on- auk St � a 1 Col 50 �° L Oj r 505 v� 06 I EN CCO, r°] ICQ 5 a3 soa 501 CN� CNo vas . , : . N E] p mg-St N 407 E Spring_ , a L4 7 ° 4Q5 ° N C N KEY 40 N Area of Parking Ban Proposal II111111111111 t " T:f tQ United City of Yorkville GIS The Data is provided without warranty or any representation of u Y accuracy, timeliness, or completeness. It is the responsibility of the Parcel Data and Aerial Photography "Requester to determine accuracy, timeliness, completeness, and w e Provided By Kendall Counfy GIS appropriateness of its use. The United City of Yorkville makes no s warranties, expressed or implied, to the use of the Data. 2♦��D C/p� Reviewed By: Agenda Item Number J C T Legal ❑ All M Esr. , l 1836 Finance ❑ Engineer ❑ Tracking Number rl City Administrator ❑ 9 K 20 Consultant ❑ ADM 2007-113 <LE Agenda Item Summary Memo Title: Ordinance for the Amended Levy and Assessment of Taxes for SSA No. 2006-119 (Sunflower Estates) Meeting and Date: COW/CC-December 18, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Susan Mika Finance Name Department Agenda Item Notes: STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE FOR THE AMENDED LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING MAY 15 2008, AND ENDING APRIL 30, 2009 IN AND FOR THE UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2006-119 - --------------------------------------------------------- BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1 : The United City of Yorkville Special Service Area Number 2006- 119 has been created by an ordinance entitled: AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2006-119 IN THE UNITED CITY OF YORKVILLE (SUNFLOWER ESTATES SUBDIVISION) ADOPTED February 27, 2007 and effective upon passage approval and publication, no petition having been filed opposing the creation of the Special Service Area, pursuant to section 9 of Public Act 78-901 . Said Special Service Area Number 2006-119 consists of territory described in the ordinance aforesaid. The United City of Yorkville is now authorized to issue bonds and levy taxes for special services in said Special Service Area. Section 2: That the total amount of the budget, as amended, for all purposes to be collected from the tax of the current fiscal year in Special Service Area Number 2006-119 is ascertained to be the sum of Fifteen thousand, nine hundred twenty four dollars and fifty one cents ($ 15,924.51 ). Section 3 : That the following sums be, and the same hereby are, levied upon the taxable property, as defined in the Revenue Act of 1939 in the United City of Yorkville Special Service Area Number 2006- 119, said tax to be levied for the fiscal year beginning May 1 , 2008, and ending April 30, 2009. Income From To Be Raised Budget Other Sources By Taxation Mowing $ 7,484.52 $0.00 $ 7,484.52 Beautification $ 1 ,273 .96 $0.00 $ 1 ,273 .96 Weeding $ 636.98 $0.00 $ 636.98 Mulching $ 1 ,592.45 $0.00 $ 1 ,592.45 Pond Maintenance $ 2,229.43 $0.00 $ 2,229.43 Trimming $ 1 ,910.94 $0.00 $ 1 ,910.94 Monument Repairs $ 159.25 $0.00 $ 15925 General Maintenance $ 636.98 $0.00 $ 636.98 TOTAL SUNFLOWER $ 15,924.51 $0.00 $15,924.51 SSA EXPENSES Section 4: This tax is levied pursuant to Article VII Sections 6A and 6L of the Constitution of the State of Illinois and pursuant to Public Act 78-901 and pursuant to an ordinance Establishing The United City of Yorkville Special Service Area Number 2006-119. Section 5 : That there is hereby certified to the County Clerk of Kendall County, Illinois, the sum aforesaid, constituting said total amount and the said total amount of Fifteen thousand, nine hundred twenty four dollars and fifty one cents ($ 15,924.51) which said total amount the said United City of Yorkville Special Service Area Number 2006- 119 requires to be raised by taxation for the current fiscal year of said City and City Clerk of said City is hereby ordered and directed to file with the County Clerk of said County on or before the time required by law, a certified copy of this ordinance. The tax roll report is attached as Exhibit A. Section 6: This ordinance shall be in full force and effect from and afterits adoption and approval as provided by law. GARY GOLINSKI MARTY MUNNS JASON LESLIE ARDEN PLOCHER VALERIE BURD ROSE SPEARS WALLY WERDERICH JOSEPH BESCO PASSED AND APPROVED this day of 2007 Mayor ATTEST: [SEAL] City Clerk EXHIBIT A SUNFLOWER ESTATETS SSA TAX ROLL REPORT $15,924.51 PIN # LEVY 05-05-440-002 $131 .61 1 05-05-440-003 $131 .61 2 05-05-440-004 $131 .61 3 05-05-440-005 $131 .61 4 05-05-440-006 $131 .61 5 05-05-440-007 $131 .61 6 05-05-440-008 $131 .61 7 05-05-440-009 $ 131 .61 8 05-05-440-010 $131 .61 9 05-05-440-011 $131 .61 10 05-05-440-012 $131 .61 11 05-05-440-013 $131 .61 12 05-05-440-014 $131 .61 13 05-05-440-015 $131 .61 14 05-05-440-016 $131 .61 15 05-05-440-017 $131 .61 16 05-05-440-018 $131 .61 17 05-05-440-019 $131 .61 18 05-05-440-020 $131 .61 19 05-05-440-021 $131 .61 20 05-05-440-022 $131 .61 21 05-05-440-023 $131 .61 22 05-05-475-001 $131 .61 23 05-05-475-002 $131 .61 24 05-05-475-003 $131 .61 25 05-05-475-004 $131 .61 26 05-05-475-005 $131 .61 27 05-05-475-006 $131 .61 28 05-05-475-007 $131 .61 29 05-05-475-008 $131 .61 30 05-05-475-009 $131 .61 31 05-05-475-010 $131 .61 32 05-05-475-011 $131 .61 33 05-05-475-012 $131 .61 34 05-05-475-013 $131 .61 35 05-05-475-014 $131 .61 36 05-05-475-015 $131 .61 37 05-05-475-016 $131 .61 38 05-05-475-017 $131 .61 39 05-05-475-018 $131 .61 40 05-05-475-019 $131 .61 41 05-05-443-001 $131 .61 42 05-05-443-002 $ 131 .61 43 05-05-443-003 $131 .61 44 05-05-443-004 $131 .61 45 05-05-443-005 $131 .61 46 05-05-443-006 $131 .61 47 Page 1 of 3 EXHIBIT A SUNFLOWER ESTATETS SSA TAX ROLL REPORT $ 15,924.51 PIN # LEVY 05-05-443-007 $131 .61 48 05-05-443-008 $131 .61 49 05-05-441 -001 $131 .61 50 05-05-441 -002 $131 .61 51 05-05-441 -003 $131 .61 52 05-05-441 -004 $131 .61 53 05-05-441 -005 $131 .61 54 05-05-441 -006 $131 .61 55 05-05-441 -007 $131 .61 56 05-05-441 -008 $131 .61 57 05-05-441 -009 $131 .61 58 05-05-441 -010 $131 .61 59 05-05-441 -011 $131 .61 60 05-05-441 -012 $131 .61 61 05-05-442-001 $131 .61 62 05-05-442-002 $131 .61 63 05-05-442-003 $ 131 .61 64 05-05-442-004 $131 .61 65 05-05-442-005 $131 .61 66 05-05-442-006 $131 .61 67 05-05-442-007 $131 .61 68 05-05-442-008 $131 .61 69 05-05-442-009 $131 .61 70 05-05-442-010 $131 .61 71 05-05-442-011 $131 .61 72 05-05-442-012 $131 .61 73 05-05-442-013 $131 .61 74 05-05-442-014 $131 .61 75 05-05-442-015 $131 .61 76 05-05-442-016 $131 .61 77 05-05-442-017 $131 .61 78 05-05-442-018 $131 .61 79 05-05-442-019 $131 .61 80 05-05-442-020 $131 .61 81 05-05-442-021 $131 .61 82 05-05-442-022 $131 .61 83 05-05-442-023 $131 .61 84 05-05-442-024 $131 .61 85 05-05-442-025 $131 .61 86 05-05-442-026 $131 .61 87 05-05-442-027 $131 .61 88 05-05-442-028 $131 .61 89 05-05-442-029 $131 .61 90 05-05-442-030 $131 .61 91 05-05-445-001 $131 .61 92 05-05-445-002 $131 .61 93 05-05-445-003 $131 .61 94 05-05-445-004 $131 .61 95 Page 2 of 3 EXHIBIT A SUNFLOWER ESTATETS SSA TAX ROLL REPORT $15,924.51 PIN # LEVY 05-05-444-001 $131 .61 96 05-05-444-002 $131 .61 97 05-05-444-003 $131 .61 98 05-05-444-004 $131 .61 99 05-05-444-005 $ 131 .61 100 05-05-444-006 $131 .61 101 05-05-443-009 $131 .61 102 05-05-443-010 $131 .61 103 05-05-443-011 $131 .61 104 05-05-443-012 $131 .61 105 05-05-443-013 $131 .61 106 05-05-443-014 $131 .61 107 05-05-443-015 $131 .61 108 05-05-443-016 $131 .61 109 05-05-476-001 $ 131 .61 110 05-05-476-002 $131 .61 111 05-05-476-003 $131 .61 112 05-05-477-001 $131 .61 113 05-05-477-002 $131 .61 114 05-05-477-003 $131 .61 115 05-05-477-004 $131 .61 116 05-05-477-005 $131 .61 117 05-05-477-006 $131 .61 118 05-05-330-001 $131 .61 119 05-05-330-002 $131 .61 120 05-05-440-001 $131 .61 121 $ 15,924.51 Page 3 of 3 ♦QED Clrl, Reviewed By: Agenda Item Number a J a ,> T Legal El EST 1836 Finance F-1 1 i El Engneer -�� Tracking Number Lei q City Administrator ❑ Consultant ❑❑ <CE Agenda Item Summary Memo Title: 2008/2009 Tax Levy Ordinance Meeting and Date: COW/CC—December 18, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Name Department Agenda Item Notes: STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2007- (2008-2009 TAX LEVY) AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING MAY 1, 2008 AND ENDING APRIL 30, 2009 FOR THE UNITED CITY OF YORKVILLE BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois: Section 1 : That the total amount of the budget for all corporate purposes and public library purposes legally made to be collected from the tax levy of the current fiscal year is hereby ascertained to be the sum of $3,032,575.00. Section 2: That the sum of $3,032,575.00 being the total of the budget expenditures heretofore legally made and which is to be collected in part from the levy of the current fiscal year of the United City of Yorkville and further for purposes of providing for the Illinois Municipal Retirement Fund, Police Fund, Police Pension Fund, Social Security Fund, Unemployment Fund, School Crossing Guard Fund, Audit Fund, General Corporate Purpose Fund, Library Fund and Insurance for Liability purposes, as budgeted for the current fiscal year by the annual Budget Ordinance of the United City of Yorkville for the fiscal year beginning May 1 , 2008, and ending April 30, 2009, as passed by the City Council of the United city of Yorkville at a legally convened meeting prior to said fiscal year, the sum of $3,032,575 is hereby levied upon all of the taxable property in the United City of Yorkville subject to taxation for the current year, the specific amounts as levied for the various funds heretofore named being included herein by being placed in separate columns under the heading "To be Raised by Tax Levy", which appears over the same, the tax so levied being for the current fiscal year of the United City of Yorkville and for the said budget to be collected from said tax levy, the total of which has been ascertained as aforesaid and being as follows: Section 3 : That the total amount of $3 ,032,575 tax levy, ascertained as aforesaid, be and the same is hereby levied and assessed on all property subject to taxation with the United City of Yorkville, according to the value of said property as the same is assessed and equalized for State and County purposes for the current year. Section 4: (a) That the item of $493,075 levied for Illinois Municipal Retirement Fund for City purposes and for Library Municipal Retirement Fund purposes is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (b) That the item of $ 199,300 levied for Liability Insurance is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (c) That the item of $35,750 levied for the Audit Fee is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (d) That the item of $33,416 levied for Unemployment Insurance is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (e) That the item of $398,628 levied for Police Protection Tax is levied in an amount not exceeding the maximum tax rate of 0.0750%. (f) That the item of $300,000 levied for Police Pension is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. 2 (g) That -0-% levied for Garbage is levied not exceeding the maximum tax rate of 0.20%. (h) That the item of $392,940 levied for Social Security is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (i) That the item of $26,350 levied for School Crossing Guard is not exceeding the maximum tax rate of 0.02%. 0) That the item of $494,864 levied for General Corporate is levied pursuant to Statutes of the State of Illinois not to exceed the maximum tax rate of 0.33%. (k) That the item of $658,252 levied for Library is levied not exceeding the maximum tax rate of 0. 15%. Section S: That here is hereby certified to the County Clerk of Kendall County the several sums aforesaid constituting said total amount of $3,032,575 which said total amount of said united City of Yorkville requires to be raised by taxation for the current fiscal year of said city of said County, on or before the time required by law, a certified copy of this Ordinance. Section 6: This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Section 7: In the event any section of this Ordinance is declared invalid the remaining portion thereof shall be binding and given full effect. ADOPTED this 18a' day of December, 2007, pursuant to roll call vote as follows: ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE 3 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 18`h day of December, A.D. 2007. Mayor Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this 18`h day of December, A.D. 2007. Attest: City Clerk 4 SUMMARY OF 2008-2009 TAX LEVY General Corporate Tax (65 ILCS 5/8 3-1 ) $494,864.00 I.M.R.F. (40 ILCS 5/7- 171) $493,075.00 Social Security (40 ILCS 5/7- 171) $392,940.00 Police Pension (40 ILCS 5/3- 125) $3007000.00 Police Protection Tax (65 ILCS 5/11 - 1 -3) $3985628.00 Garbage (65 ILCS 5/11 -1 -3) $-0- Audit (65 ILCS 5/11 -19-4) $35,750.00 Liability Insurance Tax (745 ILCS 10/9-107) $ 199,300.00 School Crossing Guard (65 5/11 -80-23) $265350.00 Unemployment Insurance (745 ILCS 10/9- 107) $335416.00 Library (pg.4 DCCA Levy Man.) (75 ILCS 5/3-1 , 5/3-4, 5/3-7) $6585252.00 5 CERTIFICATE The undersigned, Valerie Burd, Mayor of the United City of Yorkville, hereby certifies that I am the presiding officer of the United City of Yorkville, and as such presiding officer, I hereby certify that the Tax Levy Ordinance, a copy of which is appended hereto, was adopted pursuant to, and in all respects in compliance with, the provisions of Section 4-7 of the so-called "The Truth in Taxation Act". Dated this 18'b day of December, 2007. Valerie Burd, Mayor 6 CERTIFICATE The undersigned, Jacquelyn Milschewkki, City Clerk of the United City of Yorkville, hereby certifies that an announcement was made at a regular City Committee of the Whole meeting of the United City of Yorkville, that the 2008-2009 Tax Levy would be $3 ,032,575, a sum in excess of 105% of the tax levy extended by the County of Kendall Clerk; said disclosure having been made in compliance with the Truth in Taxation Act, and an announcement of the tentative tax levy having been made at the November 27, 2007, City Council meeting; that said Levy was in excess of 105% of the Levy for 2008-2009. Jacquelyn Milschewski, City Clerk 7 STATE OF KENDALL ) ) ss. COUNTY OF KENDALL ) I, Jacquelyn Milschewski, City Clerk of the United City of Yorkville, hereby certify the foregoing to be a true, perfect and correct copy of the Ordinance passed by the City Council at a regular meeting of the City Council on December 18, 2007. Testimony Whereof, I have hereunto set my hand and seal this 18`h day of December, 2007. Jacquelyn Milschewski, City Clerk 8 TRUTH IN TAXATION CERTIFICATE OF COMPLIANCE I, the undersigned, hereby certify that I am the presiding officer of the United City of Yorkville and as such presiding officer I certify that the Levy Ordinance, a copy of which is attached, was adopted pursuant to, and in all respects in compliance with the provisions of Section 4 through 7 of the "truth in Taxation Act". The notice and hearing requirements of Section 6 of the Act are applicable. This certificate applies to the 2008-2009 Tax Levy. Date December 18, 2007 Presiding Officer: Valerie Burd, Mayor 9