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
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®� �wot ® Fax: 630-553-7575
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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. ADM 2007-?? 2008-2009 Tax Levy Ordinance
❑ Moved forward to CC Consent Agenda
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
ADDITIONAL BUSINESS:
----------------------------------------------------------- ---------------------------------------------------------------------------
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Reviewed By: Agenda Item Number
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Mal Legal ❑
EST. 1836 Finance ❑
Engineer 1:1 Trackin=
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0 I� y City Administrator ❑
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<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
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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 ^" '°'°
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Pobol Property — Aerial/Context Exhibit
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United City of GIS The Datam provltl,.withoutwarranty or any representation of
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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
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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
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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
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200' "'"'"" `" ` """' -""�""�"— MENARDIS COMMERCIAL COMMONS
VY 12E1i2 fA'MdS
cir EP➢AemBC SIXTH ADDITION
Nn rFUNu UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
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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.
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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
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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 ❑
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❑ [D C Q00—f o
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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
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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
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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
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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
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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
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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
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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%
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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.
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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.
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Single Audit Not Required
I certify that _did not expend $500,000 or more in federal awards in our fiscal year
and was not required to have a single audit conducted.
(Signature)
(Title)
Subrecipient Contact Information
Subrecipient: City of Yorkville
Contact Person: Title:
Address: Phone No.
IL
Fax No.
Fiscal Year End:
Email address:
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Reviewed By: Agenda Item Number
Z) T Legal ❑ f 1 ��i,
1836
esEST , I ,� Finance ❑
Engineer ❑ Tracking Number
-4 Lin y City Administrator ❑
Sf Consultant El EDC 2007-52
❑
Agenda Item Summary Memo
Title: Aurora Area Convention &Visitors Bureau—Intergovernmental Agreement Renewal
Meeting and Date: COW/CC—December 18, 2007
Synopsis: See attached memo.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
C/yy
OA*$ 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
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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.
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`QED C/py Reviewed By: Agenda Item Number
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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
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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:
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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,
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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.
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"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.
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"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.
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"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.
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"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.
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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.
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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;
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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.
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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;
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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.
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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.
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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.
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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:
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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,
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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:
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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:
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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.
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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:
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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.
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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
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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.
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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
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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.
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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
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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.
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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:
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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
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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
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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
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`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
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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 ❑
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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.
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(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
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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
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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
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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
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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
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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
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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
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