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Resolution 1996-13B EXHIBIT 2 RESOLUTION NO. / / q C 3 APPROPRIATION OF FUNDS FOR TRAFFIC SIGNAL MODERNIZATION AT IL ROUTE 47 AND VAN EMMONS STREET WHEREAS, the city of Yorkville of Kendall County, Illinois, hereinafter called the CITY, has entered into an agreement with the state of Illinois through its Department of Transportation, hereinafter called the STATE, of which the said parties are to participate in sharing certain costs for modernizing the traffic signals at the intersection of Illinois Route 47 and Van Emmon Street; identified under State Section District 3 Signal dernization 1996-1 and MFT Section 96-00016-00-TL. WHEREAS, in compliance with the aforementioned agreement, it is necessary for the CITY to appropriate MOTOR FUEL TAX FUNDS and/or OTHER FUNDS to pay its reimbursement to the STATE for the engineering and construction costs of said traffic signal modernization. NOW, THEREFORE, BE IT RESOLVED that there is appropriated the sum of FIVE THOUSAND DOLLARS ($5,000) or so much thereof as may be necessary, from money now and hereinafter allotted to the CITY, under the provisions of the MOTOR FUEL TAX LAW, to pay its share of engineering and construction costs of the traffic signals, as provided in the agreement, and Upon receipt of the first and subsequent progress payments made to the contractor, the CITY will pay to the Illinois Department of Transportation of the state of Illinois, to and from any funds allotted to the CITY, an amount al to the CITY's share of$5,000 divided by the estimated construction costs, $80,000, multiplied by the actual progress payment made to the contractor until the entire obligation incurred under the Agreement has been paid, based upon final bid unit prices. A, r' i BE IT FURTHER RESOLVED that the CITY agrees to pass a supplemental resolution to provide additional funds if the amount appropriated herein proves to be insufficient to cover its share of the costs. APPROVED: Mayor o kviIle APPROVED: STATE OF ILLINOIS ) )SS Cl T Y OF YORKVILLE ) STATE OF ILLINOIS � u ty of Yorkville Cleric, in and for the City of DEPARTMENT OF TRANSPORTATION Yorkville hereby certify the foregoing to be a true, perfect, and complete copy of the resolution adopted by the Yorkville City Council at a meeting on , '1996. `. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal a g istrict En n e this t day of Cl Ct 1996. Date:__. 3- ` - 1996 rr „ City lerk (SEAL) • L,,.rrict 3 Siy,gal Modernization 1996-1 MFT 96-00016-00-TL Kendall County Illinois 47 and Van Emmon Street in Yorkville AGREEMENT This Agreement entered into this day of 1996 A.D. by and between the STATE OF ILLINOIS acting by and through its Department of Transportation, hereinafter called the STATE, and the CITY of YORKVILLE of the STATE of ILLINOIS, hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY and the STATE, in order to facilitate the free flow of traffic and insure safety to the motoring public, desire to improve the flow of traffic at the intersection of Illinois Route 47 and Van Emmon Street ;ignated as District 3 Signal Modernization 1996-1, Kendall County, City Motor Fuel Tax Section 96-00016-00- TL by modernizing traffic signals and performing all other work necessary to complete the improvement in accordance with the plans and specifications; and WHEREAS, the CITY believes said improvement will be of immediate benefit to the residents of the CITY and permanent in nature; and WHEREAS, the intersection lies wholly within the corporate limits of the CITY. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: bistrict 3 Sigiial Modernization 1996-1 MFT 96-00016-00-TL Kendall County Illinois 47 and Van Emmon Street in Yorkville 1. The STATE agrees to make or cause to have made the surveys, prepare plans or have them prepared, along with the specification, receive bids and award the contract, furnish engineering inspection during the construction and cause the improvement to be built in accordance with the plans, specifications and contract. 2. It is mutually agreed that the proportioned participation and the estimated construction cost of this agreement will be as follows: FEDERAL CITY STATE LOCATION PARTICIPATION PARTICIPATION PARTICIPATION TOTALS Illinois 47 $72,000(90%) $4000(5%) $4000(5%) $80,000 &Van Emmon St. Engineering (15%) $10,800 $600 $600 $12,000 Totals $82,800 $4600 $4600 $92,000 SAY: $5000 The CITY's share of cost for traffic signal modernization will not exceed 125% of the $4,000 stated above, plus 15% engineering. L,.atrict 3 Siy,gal Modernization 1996-1 M FT 96-00016-00-TL Kendall County Illinois 47 and Van Emmon Street in Yorkville 3. The CITY will pass a resolution appropriating sufficient Motor Fuel Tax Funds to pay its share of the cost of the improvement. The resolution when enacted will become a part of this agreement and a copy attached hereto as "Exhibit 2." 4. The CITY agrees to provide, prior to the STATE's advertising for the work to be performed, approval of the plans and specifications by a resolution or letter. 5. Upon completion of this improvement, the CITY will continue to be responsible for maintenance as outlined in the Master Agreement executed by the STATE and the CITY on July 16, 1980. 6. Upon completion of this improvement the CITY will continue to be responsible for 100% of the energy charges for the operation of the signals at the intersection. 7. The CITY agrees to exercise its franchise right to cause private utilities to be relocated at no expense to the STATE. 8. This agreement and the covenants contained herein shall be null and void in the event the contract covering the constitution work contemplated herein is not awarded by October 1, 1997. Lnzaftt 3 Siyi gal Modernization 1996-1 MFT 96-00016-00-TL Kendall County Illinois 47 and Van Emmon Street in Yorkville 9. This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, and assigns. CITY OF KVILLE : B y a r Date: r Attest: -- ity derk (SEAL) STATE OF ILLINOIS D TMENT OF TRANSPORT TION 164 e ti Y: n st ict Ineer Date: ILI 7AGTB