Public Works Packet 2016 01-19-16
AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, January 19, 2016
6:00 p.m.
City Hall Conference Room
800 Game Farm Road, Yorkville, IL
Citizen Comments:
Minutes for Correction/Approval: December 15, 2015
New Business:
1. PW 2016-01 Water Department Reports for September – December 2015
2. PW 2016-02 Bond/LOC Update
3. PW 2016-03 Nicor Franchise Agreement
4. PW 2016-04 Countryside Subdivision Water Main and Roadway Improvements
5. PW 2016-05 Mill Street LAFO
6. PW 2016-06 Caledonia Subdivision – Proposed Dormant SSA
Old Business:
1. PW 2015-56 Maintenance of Stormwater Management Facilities
2. PW 2015-78 Shared Services Intergovernmental Agreement Template
3. PW 2015-45 E-Waste Recycling
Additional Business:
2015/2016 City Council Goals – Public Works Committee
Goal Priority Staff
“Countryside Infrastructure” 4 Eric Dhuse & Brad Sanderson
“Vehicle Replacement” 5 Eric Dhuse
“Capital Infrastructure” 7 Bart Olson & Eric Dhuse
“Road Study (Update & Refresh)” 9 Eric Dhuse & Brad Sanderson
“Sidewalk Plan Funding” 18 Bart Olson & Rob Fredrickson
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
UNITED CITY OF YORKVILLE
WORKSHEET
PUBLIC WORKS COMMITTEE
Tuesday, January 19, 2016
6:00 PM
CITY HALL CONFERENCE ROOM
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CITIZEN COMMENTS:
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MINUTES FOR CORRECTION/APPROVAL:
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1. December 15, 2015
□ Approved ________
□ As presented
□ With corrections
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NEW BUSINESS:
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1. PW 2016-01 Water Department Reports for September – December 2015
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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2. PW 2016-02 Bond/LOC Update
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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3. PW 2016-03 Nicor Franchise Agreement
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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4. PW 2016-04 Countryside Subdivision Water Main and Roadway Improvements
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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5. PW 2016-05 Mill Street LAFO
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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6. PW 2016-06 Caledonia Subdivision – Proposed Dormant SSA
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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OLD BUSINESS:
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1. PW 2015-56 Maintenance of Stormwater Management Facilities
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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2. PW 2015-78 Shared Services Intergovernmental Agreement Template
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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3. PW 2015-45 E-Waste Recycling
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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ADDITIONAL BUSINESS:
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Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Minutes
Tracking Number
Minutes of the Public Works Committee – December 15, 2015
Public Works Committee – January 19, 2016
Majority
Committee Approval
Minute Taker
Name Department
Page 1 of 3
DRAFT
UNITED CITY OF YORKVILLE
PUBLIC WORKS COMMITTEE
Tuesday, December 15, 2015, 6:00pm
Yorkville City Hall, Conference Room
800 Game Farm Road
IN ATTENDANCE:
Committee Members
Chairman Chris Funkhouser Alderman Jackie Milschewski
Alderman Ken Koch Alderman Larry Kot
Other City Officials
City Administrator Bart Olson
Public Works Director Eric Dhuse
Engineer Brad Sanderson, EEI
Other Guests: None
The meeting was called to order at 6:00pm by Chairman Chris Funkhouser.
Citizen Comments:
Previous Meeting Minutes: November 17, 2015
Chairman Funkhouser asked to change all references to “DOT” to “IDOT” under New Business item
#5. The minutes were then approved as amended.
New Business:
1. PW 2015-75 Game Farm Road/Somonauk Street Improvements – Authorization No. 5
This is a balancing change order with a negative amount of approximately $151,000 and an overall
amount of about $53,000 over the original contract. Mr. Sanderson recommended approval. Public
Works Director Dhuse asked to go on record commending Brad's staff in keeping track of everything.
This moves to the consent agenda for January 12, 2016.
2. PW 2015-76 MFT Resolution for 2016 Road to Better Roads Program
Mr. Sanderson said a resolution needs to be passed to use the MFT funds and it will be submitted to
IDOT for review. Alderman Koch asked if the State withheld some of the MFT and Mr. Olson said the
MFT and use taxes were just released and received by the City in the amount of $300,000. This moves
to the consent agenda.
Page 2 of 3
3. PW 2015-77 Illinois Public Works Mutual Aid Network (IPWMAN) – Mutual Aid Agreement
Mr. Dhuse said this agreement allows for a large group of municipalities to render assistance in times
of need when disasters are declared. All details are tracked for reimbursement. Certain criteria must be
met with a minimum of 12 hours and up to 5 days being non-reimbursable and numbers exceeding
those are reimbursed. There is a cost of $250. The committee was in favor of this and it moves to the
consent agenda for approval.
4. PW 2015-78 Shared Services Intergovernmental Agreement Template
Mr. Olson said the Public Works departments of Yorkville, Montgomery and Oswego would share
services under this agreement and report the types of assets being used, manpower, etc. An example of
this would be to share leaf vacuuming for efficiency. The three Public Works Directors are in favor of
this agreement and Mr. Dhuse would also like to discuss with Fran Klaas at the County. Mr. Olson will
discuss with the other towns and he recommended a quarterly report. This will come back to the Public
Works Committee at a later date.
5. PW 2015-79 Wrigley Site Expansion – EDP (Intersection Improvements) – MFT Resolution
Mr. Sanderson said Wrigley and the City were awarded IDOT funds for intersection expansion and this
must be processed under a resolution. The funds total $707,138. A late winter or early spring bid
letting is anticipated. This moves to the consent agenda.
6. PW 2015-80 TAP Grant
A letter will be sent to Kendall County to ask for another grant for $1,500 for Rt. 47 sidewalks and
trails. It is hoped the remaining funds ($5,000) would be sent all at once. This is a 50/50 program and
the City is committed to funding this project. Mr. Olson said this is basically a retroactive grant. This
will be discussed again when a County response is received.
Old Business:
1. PW 2015-45 E-Waste Recycling
The city's former recycler has quoted a price of $75 per pallet. Mr. Olson said electronics
manufacturers are required to pay for recycling of the materials and haulers are also paid to offset their
costs. When the manufacturers' recycling money ends, the haulers may cease pickups since the costs
are too great.
Mr. Dhuse said the recycler would be willing to work with the City for pickups February 29-March 4.
ID's will be verified to insure only residents are bringing recycle items. Chairman Funkhouser asked if
the recycler could go into neighborhoods for pickups to eliminate a collection of items on Tower Lane.
This option will be considered. Alderman Kot said weather could be a factor in those months, but an
alternate date would be planned.
Mr. Olson said an e-waste recycling study will be done since IEPA realizes pickup service is not offered
throughout the State and the growing need is recognized. This will come back to committee in January.
2. PW 2015-55 Route 47 Pedestrian Crossings
Additional analysis of the Rt. 47/Main St. crossing was done and Mr. Sanderson detailed the many
factors considered. He said there is clearly not enough time to safely cross Rt. 47. He said if the City
does want to take action, a rapid flashing beacon light is recommended. The cost would be $13,000-
$15,000 and would require a permit through IDOT and FHA approval. The permit could take an
Page 3 of 3
estimated 90 days. It was noted this solar-powered beacon light would only blink when it was button-
activated. Maintenance would also need to be budgeted as well as repair from snow plow damage.
This item will be moved forward to the January 12 Council meeting with the approval of this
committee.
3. PW 2015-57 Traffic Calming Devices – Bristol Bay Elementary School Pedestrian Crossings
In previous meetings, the committee had requested pedestrian crossing enhancements at the school and
Mr. Sanderson detailed these recommendations. They included enhanced striping and sign
improvements—possibly with a blinker. Thermal striping was discussed and it was noted it is very
expensive. The costs for these recommendations would be approximately $8,000. A possible crossing
guard was discussed and Chairman Funkhouser said he would follow up with school officials for a
possible cost sharing. Alderman Milschewski suggested postponing the crossing guard and evaluating
after the enhancements are complete. These recommendations were approved by the committee and
this item will move forward to staff.
Additional Business:
Alderman Milschewski discussed the bollards that had been hit by a truck. She asked if there was a
'sleeve' on one of them and it was noted one might have been stolen. Mr. Dhuse said epoxy paint will
be applied in the spring. She also questioned if there was a problem with the bridge lights—there are
still issues. She also mentioned a streetlight base by Orange St., which was hit and also the crooked
railings in the downtown. She inquired if flushing had occurred on her street and Mr. Dhuse said flow
tests had been conducted.
Alderman Kot said there is water coming up over the sidewalk by the river pedestrian bridge. Mr.
Dhuse said it is due to the high water rather than a watermain break. Mr. Kot also asked about the
engine braking signs being reinstalled and Mr. Dhuse will check on them.
There was no further business and the meeting was adjourned at 6:52pm.
Minutes respectfully transcribed by
Marlys Young, Minute Taker
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #1
Tracking Number
PW 2016-01
Water Department Reports for September – December 2015
Public Works Committee – January 19, 2016
Majority
Approval
Monthly water reports that are submitted to the IEPA.
Eric Dhuse Public Works
Name Department
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #2
Tracking Number
PW 2016-02
Bond/LOC Update
Public Works Committee – January 19, 2016
Informational
Informational
Brad Sanderson Engineering
Name Department
31-Dec-15
2015 Bond and Letter of Credit Reduction Report
Date Development/Project
Engineer
Concurrence
City Administrator
Concurrence
Mayor
Concurrence Reduction Final Release Reduction Value Remaining Balance
1/7/2015 Kendall Crossing X X X $51,512.50 $0.00
1/22/2015 Windett Ridge X X X $390,558.00 $111,033.12
1/28/2015 Autumn Creek Unit 1A Resub.X X X $26,423.71 $0.00
1/28/2015 Autumn Creek Unit 1B X X X $10,994.78 $0.00
1/28/2015 Autumn Creek Unit 2B X X X $28,864.11 $0.00
1/28/2015 Autumn Creek Unit 2 - Earthwork X X X $132,779.26 $0.00
1/28/2015 Autumn Creek Unit 2 - On-site Improvements X X X $155,025.28 $0.00
4/17/2015 Caledonia - Phase I X X X $130,334.70 $615,430.05
4/17/2015 Caledonia - Phase II X X X $130,334.70 $231,177.75
7/20/2015 Midland States Bank X X X X $1,440.30 $0.00
9/21/2015 Autumn Creek Unit 2C X X X $398,385.84 $698,869.88
10/16/2015 Rt 34 McDonalds X X X X $1,482.70 $0.00
11/24/2015 Autumn Creek Unit 2A X X X $277,465.87 $66,315.23
12/7/2015 Windett Ridge X X X $81,039.00 $29,994.12
12/7/2015 Kendall Crossing (Kendall Circle)X X X X $7,335.00 $0.00
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #3
Tracking Number
PW 2016-03
Nicor Franchise Agreement
Public Works Committee – January 19, 2016
N/A
Majority
Approval
See attached memo.
Bart Olson Administration
Name Department
#38027050_v2
131 South Dearborn Street, 30th Floor | Chicago, IL 60603 | T 312.263.3600 | F 312.578.6666
Holland & Knight LLP | www.hklaw.com
Peter M. Friedman
312.578.6566
peter.friedman@hklaw.com
MEMORANDUM
Date: December 30, 2015
To: Northern Illinois Municipal Natural Gas Franchise ConsortiumMembers
From: Peter M. Friedman, Consortium Counsel
Re: Executive Summary -- Model Franchise Ordinance
On December 14, 2015, the Steering Committee of the Northern Illinois Municipal
Natural Gas Franchise Consortium (“Consortium”) unanimously approved a new model Natural
Gas Franchise Ordinance (“Model Ordinance”). The Model Ordinance was negotiated on
behalf of the Consortium with the Northern Illinois Gas Company (d/b/a Nicor Gas Company)
(“Nicor”).
This memorandum provides (i) important information regarding the required timing and
approval of the Model Ordinance by Consortium members and (ii) a summary of the key
financial and operational provisions of the Model Ordinance.
If you have any questions about any of these matters, please contact Mark Baloga (630-
571-0480, ext. 223 or mbaloga@dmmc-cog.org) or Kate Buggy (630-571-0480, ext. 225 or
kbuggy@dmmc-cog.org).
Adoption
For each Model Ordinance to take effect, the Ordinance must be adopted by the
Consortium member and Nicor must sign a Consent Agreement that is attached to the
Ordinance as Exhibit A. As described further below, the important compensation
provisions of the Model Ordinance are triggered by the Ordinance taking effect. Further,
it is important for Nicor to see that the Model Ordinance is being adopted by the
Consortium members. Accordingly, the Steering Committee requests that Consortium
members adopt the Model Ordinance in January 2016.
Each Consortium member has been provided a word version of the Model Ordinance,
tailored to the extent possible for each specific member.
One addition that will have to be made by each member prior to adoption is to insert in
Section 12 of the Ordinance the appropriate contact information for purposes of notices
under the Ordinance.
Each Consortium member most adopt the Model Ordinance pursuant to the member’s
standard procedures for adoption of ordinances.
#38027050_v2 -2-
After the Ordinance is adopted, the certification (the second to last page of the
document) should be completed and fully executed.
As soon as the Model Ordinance has been adopted and certified, each Consortium
member should notify and provide a copy of the adopted Ordinance to their respective
Nicor representative.
Also, please email Kate Buggy at kbuggy@dmmc-cog.org to confirm adoption of the
Ordinance.
Background
Most gas franchises either have expired recently or are expiring soon.
Almost all of these franchises are very old, with writing styles often unclear, incomplete,
and difficult to understand.
These franchises include only basic, and now outdated, provisions. They do not
adequately address many of the issues that arise with modern utility facilities located in
crowded public rights-of-way.
These franchises do not adequately protect the public health and safety. Nor do they
adequately protect the public rights-of-way.
Key Points Regarding Model Ordinance
A municipality’s rights-of-way are among its most important resources and most valuable
assets. The Model Ordinance includes new provisions designed to protect the
municipality’s rights-of-way, including requirements on construction, restoration, and
maintenance.
One of a municipality’s foremost responsibilities is to protect the public’s safety and
welfare. The Model Ordinance includes new provisions designed to better protect the
public health and safety, including emergency notice and response standards.
The compensation provisions in the Model Ordinance better reflect the value of the
municipality’s right-of-way. The municipality may choose among free gas for municipal
facilities or annual cash payments.
The Model Ordinance includes modern provisions relating to annual meetings with Nicor,
capital improvement plans, information sharing, triggers for future amendments based
on Model Ordinance terms subsequently agreed to by Nicor.
By working together as the Consortium, the member municipalities have been able to
negotiate with Nicor a new, standard franchise document that is clear, comprehensive,
and protective of the interests of both the municipalities and the gas companies.
Summary of Key Provisions of Model Ordinance
Term (Section 3). The new franchise is for a term of 25 years (until January 1, 2041).
Effective Date and Consent Agreement (Section 15). The effective date of the Model
Ordinance will be as of January 1, 2016, even though the Ordinance will not be adopted
#38027050_v2 -3-
until after that date. The Ordinance must be adopted no later than March 1, 2016.
However, as explained above, the Steering Committee urges each member to adopt the
Ordinance in January 2016.
Within 90 days of the Effective Date (March 31, 2016), Nicor is required to execute the
Consent Agreement attached to the Model Ordinance as Exhibit A. The purpose of this
Consent Agreement is to ensure that Nicor is contractually bound to comply with the
Model Ordinance.
Compensation for Use of Rights-of-Way (Section 5). There are two options for
compensation for Nicor’s use of the public rights-of-way under the Model Ordinance.
The first option (“Annual Payments”) is an annual lump sum payment that Nicor will
make in cash to the municipality. The amount of the Annual Payment is based on the
following formula -- generally described as the municipality’s “therm allocation” times
the “gas cost per therm.” A municipality’s therm allocation is determined by the
following parameters:
3.6 therms per person up to 10,000 of population
2.4 therms per person for the next 10,000 of population
1.2 therms per person for the next 80,000 of population
1.45 therms per person for the next 20,000 of population
1.8 therms per person for the population over 120,000
The gas cost per therm is the sum of (i) the actual three year average of the per therm
cost of gas plus (ii) the then-current general gas service cost. Each member has been
provided with the Annual Payment calculations based on the current population and gas
cost per therm.
The second compensation option (“Unbilled Gas”) is for the municipality to receive free
gas for buildings, or parts thereof, used for municipal purposes. The maximum amount
of free gas to be provided cannot exceed the municipality’s therm allocation. Upon
request, Nicor representatives will provide each municipality with historical usage
information to assist in determining which compensation option is best.
Significantly, no later than March 1, 2016, each municipality must notify Nicor in writing
whether it wants to receive Annual Payments or Unbilled Gas. If a municipality does not
provide this required notice, it will receive Annual Payments. Thereafter, a municipality
can change from Annual Payments to Unbilled Gas, or vice versa, every three years with
notice to Nicor. If no notice of a change is provided to Nicor, the compensation option
will remain unchanged for the subsequent three year period.
Annual Payments will be paid by Nicor during January of each year during the Term of
the franchise, except for 2016 when the Annual Payments will be paid in March.
One-Time Renewal Payment (Section 5A1). Each Consortium member adopting the
Model Ordinance will receive a one-time cash renewal payment equal to 75 percent of
the municipality’s therm allocation multiplied by the gas cost per therm. These one-time
renewal payments will be made by Nicor on or before March 31, 2016.
#38027050_v2 -4-
Municipal Regulations (Section 4B, 4C). The Model Ordinance requires Nicor to
utilize the public right-of-way in compliance with the Model Ordinance and with
“Requirements of Law” – a term defined in the Model Ordinance (Section 1) as “any and
all reasonable regulations which may now or hereafter be prescribed by general
ordinance of the Municipality with respect to the use of the Public Right-of-Way or the
conduct of Gas System Work”). This means that the Model Ordinance requires Nicor to
comply with local, generally applicable right-of-way, building, and tree regulations.
Emergency Response (Section 4D). The Model Ordinance requires Nicor to provide
notice of emergencies to the municipality within 24 hours unless that is somehow not
practicable. Nicor and the municipality will provide to each other emergency 24-hour
contacts. Nicor is required to keep the municipality apprised of the status of the
emergency and when the emergency has been resolved.
“Most Favored Nations” Clause (Section 7). If Nicor enters into an agreement with
another franchisor that includes compensation terms the municipality believes are more
advantageous or protective than the provisions of the Model Ordinance, then the
municipality can choose to incorporate those provisions into Model Ordinance.
Accounts and Records (Section 6). The Model Ordinance requires Nicor to provide
the municipality, upon request, with annual information on Nicor’s gross operating
revenues within the municipality, broken down among various categories of users.
Insurance (Section 9). The Model Ordinance requires Nicor to obtain and maintain
various types of standard insurance against liabilities assumed under the Model
Ordinance in the event that Nicor’s financial condition would significantly worsen to the
extent that its stockholder equity falls below $50 million.
Annual Meeting (Section 13). The Model Ordinance requires Nicor to participate in an
annual meeting upon the request of the municipality. The matters to be addressed at
annual meetings include gas system work, current issues regarding Nicor’s use of the
public right-of-way, efforts to promote energy efficiency and cost savings related to the
use of gas supplied by Nicor, and anticipated capital improvement projects and
coordination with the municipality related to those projects. Nicor and municipal
representatives at annual meetings must have knowledge, experience, and authority to
address and resolve issues discussed at the meeting. The Model Ordinance obligates
the parties to work in good faith to resolve issues raised at the annual meetings.
Capital Improvement Plans and Information Sharing (Section 4E2). The Model
Ordinance requires Nicor to establish and maintain (and provide the municipality with
access to) an information sharing platform for, among other things, capital improvement
plans, gas system work, gas facility location information and maps, and work and
maintenance status information.
Indemnification (Section 8). The Model Ordinance contains mutual indemnification
provisions. With regard to Nicor, these provisions require the gas company to protect
the municipality against claims arising out of the gas company’s failure to comply with
the Model Ordinance or any negligent, unlawful, or intentional wrongful acts related to
work in and use of the public right-of-way.
NATURAL GAS FRANCHISE ORDINANCE
AN ORDINANCE AUTHORIZING AND GRANTING A FRANCHISE
TO NORTHERN ILLINOIS GAS COMPANY
(d/b/a NICOR GAS COMPANY) ITS SUCCESSORS AND ASSIGNS,
TO CONSTRUCT, OPERATE AND MAINTAIN A NATURAL GAS DISTRIBUTING SYSTEM
IN AND THROUGH THE CITY OF YORKVILLE, ILLINOIS
WHEREAS, Northern Illinois Gas Company (d/b/a Nicor Gas Company), an Illinois
corporation ("NICOR GAS") and the Municipality of Yorkville ("Municipality") entered into
franchise agreement effective April 21, 1960 that generally authorized NICOR GAS to construct,
operate, and maintain a gas distribution system within the Municipality, and NICOR GAS
provided the Municipality a letter dated March 12, 2012 that specifies the compensation to be
paid to the Municipality by NICOR GAS in connection with such franchise agreement (such
franchise agreement and letter are referred to collectively herein as the "Previous
Agreement"); and
WHEREAS, NICOR GAS, along with its successors and permitted assigns (collectively,
"Grantee"), and the Municipality desire to have this Ordinance adopted and to have it represent
a new agreement between the Grantee and the Municipality to supersede the Previous
Agreement ("Franchise"); and
WHEREAS, the Municipality has determined that it is in the best interests of the
Municipality and its residents to adopt this Ordinance establishing a new Franchise with the
Grantee;
WHEREAS, the Grantee has approved this Ordinance and authorized execution by its
duly authorized representatives of the Consent Agreement provided pursuant to Section 15 of
this Ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE MUNICIPALITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. DEFINITIONS.
The following terms have the meaning ascribed to them in this Section:
Annual Meeting. The meeting provided under Subsection 13.A. of this Ordinance.
Assignee. The entity that accepts an assignment under this Ordinance from the
Grantee with the authorization of the Municipality, as provided in Subsection 13.B of this
Ordinance.
Corporate Authorities. The corporate authorities of the Municipality.
Effective Date. The effective date of this Ordinance, being January 1, 2016.
Emergency. An event involving the Gas System that (i) poses an imminent threat to the
public health or safety within the Municipality or (ii) is likely to result in a prolonged and
unplanned interruption of gas service to a significant number of customers within the
Municipality.
-2-
Gas. Natural gas or manufactured gas, or a mixture of gases, that is distributed to the
Grantee's customers in the Municipality through the Gas System.
Gas System. The Grantee's system of pipes, tubes, mains, conductors, and other
devices, apparatus, appliances, and equipment for the production, distribution, and sale of gas
for fuel, heating, power, processing, and other purposes within and outside the corporate limits
of the Municipality.
Gas System Work. Any construction, operation, maintenance, repair, removal or
replacement of the Gas System conducted by the Grantee within the Public Right-of-Way or
conducted by the Grantee immediately adjacent to the Public Right-of-Way if such activity
physically disturbs the Public Right-of-Way.
ICC. The Illinois Commerce Commission.
Public Right-of-Way. The Municipality's streets, alleys, sidewalks, parkways,
easements, and other property of the Municipality used as right-of-way.
Requirements of Law. Any and all reasonable regulations which may now or hereafter
be prescribed by general ordinance of the Municipality with respect to the use of the Public
Right-of-Way or the conduct of Gas System Work.
Term. The term of the Franchise under Section 3 of this Ordinance.
SECTION 2. GRANT OF FRANCHISE.
The Municipality grants the right, permission and authority to the Grantee to construct,
operate, maintain, repair, remove, and replace its Gas System within the corporate limits of the
Municipality, subject to the conditions and regulations of this Ordinance. The right, permission
and authority granted by the Municipality to the Grantee by this Franchise may not be exclusive
to the Grantee, provided that any other such rights or authority granted by the Municipality may
not interfere with the right, permission and authority granted to the Grantee pursuant to this
Ordinance.
SECTION 3. TERM.
The Franchise authorized and granted pursuant to this Ordinance shall be for a term of
25 years, commencing on the Effective Date, and expiring on January 1, 2041 ("Term").
SECTION 4. USE OF PUBLIC RIGHT-OF-WAY.
The Grantee shall be authorized to use the Public Right-of-Way for the Gas System and
Gas System Work subject to the provisions of this Ordinance, including without limitation the
following provisions:
A. General Coordination, Location And Repair. Those portions of the Gas
System in the Public Right-of-Way shall be installed and maintained under the general
supervision of the Director of Public Works of the Municipality, or other duly authorized agent of
the Municipality. The portions of the Gas System within the Public Right-of-Way shall be
located as not to injure any drains, sewers, catch basins, water pipes, pavements or other like
public improvements. If any drain, sewer, catch basin, water pipe, pavement or other like public
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improvement is injured by the location of the portions of the Gas System within the Public Right-
of-Way, the Grantee shall forthwith repair the damage to the satisfaction of the Municipality and
in default thereof the Municipality may repair such damage and charge the cost thereof to, and
collect the same from, the Grantee.
B. Compliance with Requirements of Law. The Grantee shall be subject to the
specific standards provided in this Ordinance for work in the Public Right-of-Way and with all
other Requirements of Law.
C. Conduct of Gas System Work; Restoration. The Grantee will conduct Gas
System Work in accordance with the Requirements of Law. The Grantee will undertake to
minimize the disturbance or obstruction of the Public Right-of-Way caused by Gas System
Work, including, without limitation, having Gas System Work, once started, undertaken and
completed without unreasonable delay. The Grantee will promptly restore Public Right-of-Way,
as well as any fences, roads, pavements and other improvements in the Public Right-of-Way,
disturbed by Gas System Work as nearly as reasonably practicable to its condition immediately
before the Gas System Work.
D. Emergencies. In the case of an Emergency, the Grantee will notify the
Municipality by the most practical, timely, and available means under the circumstances of the
Emergency and the conditions that are affecting the Gas System and its customers.
Notwithstanding Section 10, the notice will be no more than 24 hours after the Grantee learns of
the Emergency, except if notice within 24 hours is not practicable under the circumstances of
the Emergency, in which case the Grantee will provide the notice required under this Subsection
as soon as is practicable under the circumstances. Each Party will provide the other Party with
an Emergency contacts list, including 24-hour contact information for at least two
representatives. The Grantee will keep the Municipality apprised of the status of the Emergency
to the extent reasonably practicable and will advise the Municipality when the Emergency has
been resolved.
E. Coordination Regarding Capital Improvements; System Information. The
Grantee and the Municipality believe that it is in their mutual interests to be informed of their
respective capital improvement programs, so that whenever practicable those programs can be
undertaken to minimize the cost of construction and public inconvenience. To that end, the
following provisions apply:
1. Meeting. At Annual Meetings (see Subsection 13.A of this Ordinance),
representatives of the Grantee and the Municipality will be prepared to discuss significant
known Gas System Work and Municipal projects that could impact the Gas System and that will
or may be undertaken within the Municipality.
2. Capital Improvement Plans and General System Information. The
Grantee will establish and maintain an information medium ("Information Sharing System”), at
no cost to the Municipality, that will provide the Municipality access, on reasonable terms, to
information identifying (a) anticipated Gas System Work, (b) Grantee’s planned capital
improvement plans and major maintenance work related to the Gas System within the
Municipality, (c) maps or other documents showing the locations of gas distribution mains in or
under Public Right-of-Way within the Municipality; and (d) the status of ongoing Gas System
Work and capital improvement plans and major maintenance work related to the Gas System
within the Municipality (collectively, "General System Information"). The Grantee reserves the
right to modify or replace the Information Sharing System from time to time at its discretion.
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Absent gross negligence or intentional misconduct by the Grantee, the Grantee shall have no
monetary liability to the Municipality due to defects in the design or performance of the
Information Sharing System or errors or omissions in the information disclosed through the
Information Sharing System; provided, however, that this sentence does not change the
Grantee’s obligation under Paragraph 1 of this Subsection and Subsection 13.A of this
Ordinance with respect to General System Information. As part of the Annual Meeting, the
Parties may discuss the performance of the Information Sharing System and any adjustments
and refinements to the Information Sharing System and, if requested by the Municipality, the
Grantee will provide information regarding any updates or other operational changes or
improvements to the Information Sharing System.
SECTION 5. CONSIDERATION FOR USE OF PUBLIC RIGHT-OF-WAY.
A. Payments; Provision of Gas. The Grantee shall make the Renewal Payment
provided in Paragraph 1 of this Subsection and, commencing with calendar year 2016, either
(but never both) (i) make the Annual Payments as provided and calculated in Paragraph 2 of
this Subsection, or (ii) provide for Unbilled Gas as provided and calculated in Paragraphs 3 of
this Subsection. The Municipality shall notify the Grantee in writing within sixty days after the
Effective Date whether it has chosen to receive Annual Payments or Unbilled Gas. In the event
the Municipality has not notified the Grantee in writing within sixty days after the Effective Date,
the Municipality shall be deemed to have chosen to receive Annual Payments as provided and
calculated in Paragraph 2 of this Subsection. Upon written notice to Grantee given on or before
June 30 of the calendar year preceding the date of change, the Municipality may change the
method of compensation from Annual Payments to Unbilled Gas, or vice versa, effective as of
January 1 of any or all of the third, sixth, ninth, twelfth, fifteenth, eighteenth, twenty-first, or
twenty-fourth calendar year following the Effective Date. In the event the Municipality has not so
notified the Grantee of a change in the method of compensation by the applicable June 30, the
method of compensation then in effect shall continue and may not be changed by the
Municipality during the ensuing three calendar year period.
1. Renewal Payment. Within ninety days after the Effective Date, the
Grantee will pay the Municipality, solely as consideration for renewal of the franchise granted
under the Previous Agreement, a one-time franchise renewal payment (“Renewal Payment”) of
$22,422, being equal to 75 percent of the value of (a) the "Therm Allocation" (as calculated
under Paragraph 4 of this Subsection) as of the Effective Date multiplied by (b) the “Gas Cost
per Therm” (as calculated under Paragraph 2 of this Subsection).
2. Annual Payment. In January of each year except 2016 and in March of
2016, the Grantee will pay the Municipality an annual payment ("Annual Payment") if the
Municipality has chosen or has been deemed to have chosen to receive Annual Payments
rather than Unbilled Gas for such calendar year. The amount of each Annual Payment will be
calculated by the Grantee by multiplying (a) the "Therm Allocation" (as calculated under
Paragraph 4 of this Subsection) times (b) the applicable Gas Cost per Therm. As used herein,
the term “Gas Cost per Therm” means, with respect to a calendar year, the sum of (i) the
average per therm gas cost for the preceding three calendar years, based on the Grantee's
prudently incurred purchased gas cost and (ii) the per therm rate for general gas service under
the Grantee's rate structure in effect as of the last day of the preceding calendar year.
3. Unbilled Gas. If the Municipality has chosen to receive Unbilled Gas, the
Grantee shall supply, during each billing year (start and finish of each year shall begin and end
with regular meter reading date nearest to January 1) that the Municipality’s choice to receive
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Unbilled Gas remains in effect, without charge to the Municipality, an amount of gas (“Unbilled
Gas”) not to exceed the Therm Allocation (as calculated under Paragraph 4 of this Subsection),
to be used in buildings which may be occupied from time to time by the Municipality solely for
municipal purposes, or such part of these buildings as may from time to time be occupied for
ongoing municipal purposes, and not for purposes of revenue.
4. Therm Allocation. For purposes of determining the Annual Payment or
the amount of Unbilled Gas under Paragraphs 2 and 3, respectively, of this Subsection, the
Therm Allocation will be based on the following formula: 3.6 therms per person up to 10,000 of
population; 2.4 therms per person for the next 10,000 of population; 1.2 therm per person for the
next 80,000 of population; 1.45 therms per person for the next 20,000 of population; and 1.8
therms per person for the population over 120,000. For purposes of the Therm Allocation, the
population of the Municipality as of the Effective Date shall be deemed to be the same as the
population of the Municipality at the 2010 decennial census, which was 16,921. This population
number will be adjusted by the Grantee based on each decennial census count. Between
decennial census counts, the Therm Allocation may be increased prospectively on the basis of
changes in population of the Municipality as shown by revised or special census. Upon the
submission of a written request by the Municipality accompanied by the official State notification
of census change, the Therm Allocation will be adjusted by the Grantee.
B. Limitations on Gas Use. None of Unbilled Gas to be supplied to the
Municipality under Paragraph A3 of this Section, shall be resold by the Municipality for any
purpose whatsoever. In the event the Municipality uses less than the amount of Unbilled Gas
calculated and authorized under Paragraph A3 of this Section, there shall be no payment due to
the Municipality from the Grantee for gas not used during that billing year, nor shall any such
unused therms be carried over for the following billing year’s use.
C. Offset. If the Municipality has chosen or has been deemed to have chosen to
receive Annual Payments, the Grantee shall have the right to reduce the Annual Payment for a
calendar year by the amount of any fees that the Municipality has been paid by the Grantee
during the preceding calendar year for permits, street or parkway openings, or inspections
related to the Gas System or Gas System Works. If the Municipality has chosen to receive
Unbilled Gas, the Grantee shall have the right to reduce the Therm Allocation for a billing year
by an amount of therms equal to (a) the amount of any fees that the Municipality has been paid
by the Grantee during the preceding billing year divided by (b) the Gas Cost per Therm
determined for the calendar year that begins with the January 1 nearest to the end of such
billing year.
SECTION 6. ACCOUNTS AND RECORDS.
Within 90 days following a written request by the Municipality made no more frequently
than once during each calendar year of the Term, the Grantee will provide the Municipality with
a written statement showing the gross operating revenue generated during the immediately
preceding calendar year by the Grantee from the distribution of gas to customers identified in
the Grantee’s billing records as located within the corporate limits of the Municipality, which
statement will, if requested as part of the Municipality’s request, show the distribution of such
gross operating revenue among the following categories of users: Residential, Commercial,
and Industrial, or by such other categories as may be agreed to by the Grantee and the
Municipality.
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SECTION 7. SUBSTITUTION OF MORE FAVORABLE PROVISIONS.
A. Amended Ordinance. If during the Term of this Franchise, the Municipality
learns of a Grantee franchise (“Grantee Franchise”) from any other municipality in Illinois
(“Other Franchisor”) adopted or otherwise provided by the Other Franchisor after the Effective
Date and containing “More Favorable Provisions” (as defined in Subsection C of this Section),
then the Municipality may adopt, no sooner than 30 days from the date of providing the notice to
the Grantee required pursuant to Subsection B of this Section, an ordinance amending this
Ordinance solely to substitute for the provisions of Section 5 of this Ordinance replacement
provisions that are substantially identical to the More Favorable Provisions (“Amended
Ordinance”). If the Municipality adopts an Amended Ordinance in conformity with this Section
7, the Grantee will accept the Amended Ordinance and execute a Consent Agreement
consistent with Section 15 of this Ordinance.
B. Notice. At least 30 days before adopting an Amended Ordinance pursuant to
this Section 7, the Municipality shall provide the Grantee with written notice that explicitly (i)
states that the Municipality intends to invoke its right under this Section 7 to adopt an Amended
Ordinance; (ii) identifies the Other Franchisor; (iii) states the date, time, and place of the
meeting at which adoption of the Amended Ordinance will be considered; and (iv) includes the
Amended Ordinance.
C. More Favorable Provisions. “More Favorable Provisions” means the
provisions in a Grantee Franchise (i) establishing the compensation to be paid by the Grantee to
the Other Franchisor, including, without limitation, the formulas and procedures utilized to
determine the form and amount of such compensation (“Compensation Formulas and
Procedures”); and (ii) that the Municipality has reasonably concluded are more advantageous
to or protective of the public interest of the Other Franchisor than the existing provisions of
Section 5 of this Ordinance are to the Municipality. “More Favorable Provisions” shall not
include provisions providing consideration to the Other Franchisor for franchise renewal (it being
understood that the exercise by the Municipality of its right under this Section 7 shall not be
deemed a franchise renewal). Replacement provisions in a proposed Amended Ordinance shall
not be deemed to be substantially identical to More Favorable Provisions if those replacement
provisions do not utilize the Compensation Formulas and Procedures as applied to the
Municipality to determine the form and amount of compensation to be paid by the Grantee to the
Municipality. The Municipality shall not have the right to invoke this Section solely to effect a
change in the form of compensation (between payments or unbilled gas) if that form of
compensation had been available to the Municipality to select under Section 5 of this
Ordinance, and neither the procedures for changing the form of compensation in Section 5 of
this Ordinance nor those in the Compensation Formulas and Procedures would then have
permitted the Municipality to make a change in the form of compensation.
D. No Notification Required. Nothing in this Section shall require the Grantee to
notify the Municipality of new franchises that the Grantee obtains with other municipalities in
Illinois or new provisions within any existing franchise agreements.
SECTION 8. INDEMNIFICATION.
A. Grantee. The Grantee must, and will, fully indemnify the Municipality (but not
any other third party) against and from any and all claims, liabilities, actions, damages,
judgments, and costs, including without limitation injury or death to any person and damage to
any property or Public Right-of-Way and including without limitation attorneys’ fees (collectively,
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“Claims”) that the Municipality may incur or suffer, or that may be obtained against the
Municipality, as a result of or related to the Grantee’s failure to perform any of its obligations
under this Ordinance, or the Grantee’s negligent, unlawful, or intentional wrongful acts or
omissions that relate to (i) the use or occupation by Grantee of the Public Right-of-Way under
this Ordinance, or (ii) the construction, operation, maintenance, or repair of the Gas System
located within the Public Right-of-Way. The Municipality must give the Grantee written notice
within 30 calendar days after the Municipality has received written notice of a Claim. The
Municipality may tender to the Grantee the defense of a Claim, in which case the Grantee must
defend the Municipality against that Claim, or the Municipality may defend itself against that
Claim at the Grantee’s expense. The Grantee shall not be required to indemnify, defend, or hold
harmless the Municipality for any Claims to the extent the Municipality, its officers, agents, or
employees are liable under the laws of the State of Illinois (including for conduct that constitutes
gross negligence, malicious or intentional wrongful acts, or the willful misconduct of the
Municipality, its officers, agents, or employees while acting on behalf of the Municipality).
B. Municipality.
1. The Municipality must, and will, fully indemnify the Grantee (but not any
other third party) against any and all Claims arising as a result of damages to the Grantee’s Gas
System caused by the conduct of the Municipality, its officers, employees, or agents for which
the Municipality is liable under the laws of the State of Illinois (including for conduct that
constitutes gross negligence, malicious or intentional wrongful acts, or the willful misconduct of
the Municipality, its officers, agents, or employees while acting on behalf of the Municipality).
The Municipality shall not be required to indemnify, defend, or hold harmless the Grantee for
any damages to the extent the Grantee, its officers, agents, or employees are liable under the
laws of the State of Illinois (including for conduct that constitutes gross negligence, malicious or
intentional wrongful acts, or the willful misconduct of the Grantee, its officers, agents, or
employees while acting on behalf of the Grantee).
2. The Grantee recognizes the Municipality's right to exercise its police
powers over the Public Right-of-Way in case of fire, disaster, or other emergency as reasonably
determined by the Municipality. Notwithstanding Paragraph 1 of this Subsection, the
Municipality shall not be liable to the Grantee for any damages to the Grantee's Gas System
when the damage results from the exercise by the Municipality of its police powers in order to
protect the public in case of fire, disaster or other emergency. When practicable, as reasonably
determined by the Municipality, the Municipality shall consult with the Grantee prior to the
exercise by the Municipality of these police powers, where the exercise may affect the Grantee's
Gas System, and to permit the Grantee to take necessary action to protect the public and the
Gas System.
SECTION 9. INSURANCE.
If the Grantee’s total stockholder equity as determined in accordance with generally
accepted accounting principles (“Stockholder Equity”) as of the end of its most recently
completed fiscal year is less than fifty million dollars ($50,000,000), the Grantee shall be
obligated under this ordinance to maintain during its current fiscal year, at its sole cost and
expense, insurance against the liabilities assumed under this ordinance consisting of the
following coverages at the following minimum limits:
A. Comprehensive General Liability. Comprehensive general liability insurance
with coverage written on an “occurrence” or “claims made” basis and with limits no less than: (1)
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General Aggregate: $2,000,000; (2) Bodily Injury: $2,000,000 per person, $2,000,000 per
occurrence; and (3) Property Damage: $2,000,000 per occurrence. Coverage must include:
Premises Operations, Independent Contractors, Personal Injury (with Employment Exclusion
deleted), Broad Form Property Damage Endorsement, Blanket Contractual Liability, and bodily
injury and property damage. Exclusions “X,” “C,” and “U” must be deleted. Railroad exclusions
must be deleted if any portion of the Gas System Work is within 50 feet of any railroad track.
Every employee of the Grantee engaged in Gas System Work within the Municipality must be
included as an insured.
B. Comprehensive Motor Vehicle Liability. Comprehensive motor vehicle liability
insurance with a combined single limit of liability for bodily injury and property damage of not
less than $2,000,000 for vehicles owned, non-owned, or rented. The coverage required by this
subsection shall include bodily injury and property damage for all motor vehicles engaged in
Gas System Work within the Municipality that are operated by any employee, subcontractor, or
agent of the Grantee.
C. Workers’ Compensation. Workers’ compensation coverage in accordance with
applicable law.
D. General Standards for All Insurance. If obligated under this Section to
maintain the foregoing insurance coverages, (i) the Grantee may satisfy that obligation, in whole
or in part, through insurance provided by a captive insurance company affiliated with the
Grantee to the extent permitted under applicable law if such captive insurance company and the
Grantee are both controlled by a company with Stockholder Equity as of the end of its most
recently completed fiscal year of at least fifty million dollars ($50,000,000), or through
commercial insurance; (ii) all commercial insurance policies obtained by the Grantee to satisfy
such obligation must be written by companies customarily used by public utilities for those
purposes, including, if permitted by this Subsection, policies issued by a captive insurance
company affiliated with the Grantee; (iii) the Grantee must provide the Municipality, upon
request, with reasonable evidence of insurance and with certificates of insurance for commercial
coverage designating the Municipality and its officers, boards, commissions, elected officials,
agents, and employees as additional insured and demonstrating that the Grantee is maintaining
the insurance required in this Section; and (iv) each policy shall provide that no change,
modification, or cancellation of any insurance coverage required by this Section shall be
effective until the expiration of 30 calendar days after written notice to the Municipality of any
such change, modification, or cancellation and providing that there is no limitation of liability of
the insurance if the Grantee fails to notify the Municipality of a policy cancellation.
SECTION 10. CURE.
In addition to every other right or remedy provided to the Municipality under this
Ordinance, if the Grantee fails to comply in a material respect with any of its material obligations
under this Ordinance (for reason other than force majeure), then the Municipality may give
written notice to the Grantee specifying that failure. The Grantee will have 30 calendar days
after the date of its receipt of that written notice to take all necessary steps to cure such material
non-compliance, unless the cure cannot reasonably be achieved within 30 calendar days but
the Grantee promptly commences the cure and diligently pursues the cure to completion.
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SECTION 11. FORCE MAJEURE.
Neither the Grantee nor the Municipality will be held in violation or breach of this
Ordinance when a violation or breach occurred or was caused by (a) riot, war, earthquake,
flood, terrorism, or other catastrophic act beyond the respective Party's reasonable control or (b)
governmental, administrative, or judicial order or regulation other than, in the case of the
Municipality, an order or regulation issued by the Municipality not in the exercise of its police
powers in order to protect the public in the case of fire, disaster or other emergency.
SECTION 12. NOTICE.
With respect to an Emergency, Grantee shall provide notice to the Municipality in
accordance with Subsection 4.D. of this Ordinance. Any other notice that (a) requires a
response or action from the Municipality or the Grantee within a specific time frame or (b) would
trigger a timeline that would affect one or both of the parties’ rights under this Ordinance must
be made in writing and must be sufficiently given and served on the other party by hand
delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by
reputable overnight courier service and addressed as follows:
Municipality:
United City of Yorkville
800 Game Farm Rd
Yorkville, IL 60560
Attention: City Administrator
If to Grantee:
Northern Illinois Gas Company d/b/a Nicor Gas Company
1844 Ferry Road
Naperville, Illinois 60563
Attention: President
with a copy to:
Northern Illinois Gas Company d/b/a Nicor Gas Company
1844 Ferry Road
Naperville, Illinois 60563
Attention: Community Relations and Economic Development Department
For other notices regarding the general business between the parties, e-mail messages
and facsimiles will be acceptable when addressed to the persons of record specified above.
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SECTION 13. GENERAL PROVISIONS.
A. Communications and Annual Meeting.
1. General Communications. The Grantee and the Municipality believe that
it is in their mutual interests to maintain consistent and reliable means of communications
regarding all matters under this Franchise. Nothing in this Section precludes the parties in any
way from conducting meetings and communications not specifically provided in this Section on
any other dates and times during the Term as necessary, required, or otherwise desired.
2. Annual Meeting. Except as the Grantee and the Municipality may
otherwise agree, upon 45 days prior written notice from the Municipality to the Grantee given no
more frequently than once during each calendar year of the Term, the representatives of the
Grantee and the Municipality will meet at the offices of the Municipality or another mutually
acceptable location ("Annual Meeting").
3. Annual Meeting Matters. At the Annual Meetings the Parties will review,
as necessary, any matters related to this Ordinance and the Franchise as generally identified by
the Municipality in its written notice provided pursuant to Paragraph 2 of this Subsection related
to (i) the Gas System and Gas System Work; (ii) issues that have arisen since the prior Annual
Meeting regarding the Grantee’s activities conducted under the authority granted by this
Ordinance, (iii) efforts and initiatives by the Grantee or the Municipality, or both, to promote
energy efficiency and cost savings related to the use of gas supplied by the Grantee; and (iv)
identification of anticipated future capital improvement programs by the Municipality and the
Grantee in an effort to coordinate those programs whenever practical in an effort to minimize
costs for both the Municipality and the Grantee and to reduce public inconvenience (collectively,
"Annual Meeting Matters"). The Grantee’s and the Municipality's representatives at Annual
Meetings shall include individuals with the knowledge, experience and authority required to
address competently and to seek to resolve the Annual Meeting Matters identified from
discussion at the Annual Meeting.
4. Good Faith Efforts to Resolve Annual Meeting Matters. The Municipality
and the Grantee will constructively discuss the Annual Meeting Matters at the Annual Meetings.
The goal of these discussions is to ensure that the Grantee and the Municipality have sufficient
information to address and, if possible, resolve the Annual Meeting Matters and the Parties will
share information reasonably necessary for those purposes; provided, however that neither the
Grantee nor the Municipality will be required to respond to unduly burdensome information
requests or to provide confidential or privileged information to the other party. The parties will
work in good faith to resolve Annual Meeting Matters on mutually acceptable terms and to do so
within a reasonable period of time. To the extent that resolution of an Annual Meeting Matter is
not otherwise provided by the terms of this Franchise, the parties may memorialize their
understandings related to resolution of Annual Meeting Matters through memoranda of
understanding, supplemental agreements, or other arrangements mutually agreed to.
B. Assignments of Rights by Grantee. All provisions of this Ordinance that are
obligatory upon, or which inure to the benefit of, NICOR GAS shall also be obligatory upon and
shall inure to the benefit of any and all successors and permitted assigns of NICOR GAS, and
the word “Grantee” wherever appearing in this Ordinance shall include and be taken to mean
not only NICOR GAS, but also each and all of such successors and permitted assigns. The
Grantee may not assign any right it has under this Ordinance without the prior express written
authorization of the Municipality by ordinance or resolution of the Corporate Authorities. The
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Municipality will not withhold that authorization if (a) the Assignee is technically and financially
capable of operating and maintaining the Gas System in the reasonable judgment of the
Municipality and (b) the Assignee assumes all of the obligations of the Grantee under this
Ordinance except as they may be amended in writing and approved by the Municipality.
C. Entire Agreement; Interpretation. This Ordinance embodies the entire
understanding and agreement of the Municipality and the Grantee with respect to the subject
matter of this Ordinance and the Franchise. This Ordinance supersedes, cancels, repeals, and
shall be in lieu of the Previous Agreement.
D. Governing Law; Venue. This Ordinance has been approved executed in the
State of Illinois and will be governed in all respects, including validity, interpretation, and effect,
and construed in accordance with, the laws of the State of Illinois. Any court action against the
Municipality may be filed only in Kendall County, Illinois, in which the Municipality’s principal
office is located.
E. Amendments. Except as otherwise provided pursuant to Section 7 of this
Ordinance, no provision of this Ordinance may be amended or otherwise modified, in whole or
in part, to be contractually binding on Grantee, except by an instrument in writing duly approved
and executed by the Municipality and accepted by the Grantee by execution of a Consent
Agreement consistent with Section 15 of this Ordinance.
F. No Third-Party Beneficiaries. Nothing in this Ordinance is intended to confer
third-party beneficiary status on any person, individual, corporation, or member of the public to
enforce the terms of this Ordinance.
G. No Waiver of Rights. Nothing in this Ordinance may be construed as a waiver
of any rights, substantive or procedural, the Grantee or the Municipality may have under federal
or State of Illinois law unless such waiver is expressly stated in this Ordinance.
SECTION 14. MUNICIPALITY AUTHORITY RESERVATION.
The Municipality reserves, subject to the limitations of applicable federal and State of
Illinois laws, (i) its powers necessary or convenient for the conduct of the Municipality’s
municipal affairs and for the public health, safety and general welfare; and (ii) its right to own
and operate a gas utility in competition with the Grantee. Notwithstanding the foregoing, the
Municipality will not take any such action that would have the effect of depriving Grantee of the
rights, permissions and authorities granted to Grantee under this Ordinance.
SECTION 15. CONSENT AGREEMENT.
Within ninety days after the Effective Date, the Grantee will file with the Municipality a
written agreement to accept and comply with the terms of this Ordinance as attached to this
Ordinance as Exhibit A ("Consent Agreement"), duly executed by authorized representatives
of the Grantee. The Grantee's failure to provide the Consent Agreement within ninety days after
the Effective Date shall be deemed a rejection of this Ordinance by the Grantee, and the rights
and privileges herein granted shall absolutely cease and terminate, unless, within ninety days
after the Effective Date, the time period for the Grantee to file the Consent Agreement is
extended by the Municipality by ordinance duly passed for that purpose and the Grantee has
agreed in writing to such extension.
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PASSED BY THE CITY COUNCIL OF THE CITY OF YORKVILLE, ILLINOIS, THIS
_____ DAY OF _____________________, 201_.
___________________________________
City Clerk
APPROVED BY THE MAYOR OF THE CITY OF YORKVILLE, ILLINOIS, THIS _____
DAY OF_____________________, 201_.
___________________________________
Mayor
(Seal)
ATTEST:
________________________________________
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City Clerk
STATE OF ILLINOIS
)
)
COUNTY OF KENDALL ) SS.
CITY OF YORKVILLE )
I, ______________________, City Clerk of the City of Yorkville, Illinois, do hereby certify
that the foregoing is a true and correct copy of an Ordinance duly passed by the City Council of
said City on the ____ day of _____________________, 201_, and duly approved by the Mayor
of said City on the ____ day of _____________________, 201_, the original of which Ordinance
is now on file in my office.
I do further certify that I am the legal custodian of all papers, contracts, documents and
records of said City.
WITNESS my hand and the official seal of said City this _____ day of
_____________________, 201_.
___________________________________
City Clerk
Yorkville, Illinois
(SEAL)
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EXHIBIT A
CONSENT AGREEMENT
Pursuant to Section 15 of that certain Natural Gas Franchise Ordinance duly passed by
the City Council/Board of Trustees of _______ (the “Municipality”) on _____ and duly approved
by the Mayor/President of the Municipality on ____ (the “Ordinance”), a copy of which is
attached hereto, Northern Illinois Gas Company d/b/a Nicor Gas Company , an Illinois
corporation hereby accepts and agrees to comply with the Ordinance.
NORTHERN ILLINOIS GAS COMPANY D/B/A NICOR GAS COMPANY
By:___________________________
Name: ________________________
Title: __________________________
Date: ________________________
Member
2010
Census
Pop.
Total Therms
w/ 20%
Increase
20% Increase
cash equiv. at
$.5683/Therm
One Time 75%
Bonus at
$.5683/Therm
Annual Cash
Equiv.
Differential
First Year
Benefit w/
75% Bonus
Total
Assessments
Paid
Addison 36,942 80,330.40 $45,651.77 $34,238.82 $11,511.35 $45,750.17 $8,618.87
Bartlett 41,208 85,449.60 $48,561.01 $36,420.76 $12,244.93 $48,665.68 $8,729.16
Bloomingdale 22,018 62,421.60 $35,474.20 $26,605.65 $8,945.02 $35,550.66 $6,635.83
Burr Ridge 10,559 37,341.60 $21,221.23 $15,915.92 $5,351.05 $21,266.97 $5,066.70
Carol Stream 39,711 83,653.20 $47,540.11 $35,655.09 $11,987.50 $47,642.59 $9,248.91
Cary 18,271 55,850.40 $31,739.78 $23,804.84 $8,003.36 $31,808.20 $5,780.16
Clarendon Hills 8,427 30,337.20 $17,240.63 $12,930.47 $4,347.32 $17,277.79 $4,677.02
Crystal Lake 40,743 84,891.60 $48,243.90 $36,182.92 $12,164.97 $48,347.89 $8,909.38
Elburn 5,602 20,167.20 $11,461.02 $8,595.76 $2,889.96 $11,485.72 $4,001.01
Elk Grove Village 33,127 75,752.40 $43,050.09 $32,287.57 $10,855.32 $43,142.89 $8,453.55
Elmhurst 44,121 88,945.20 $50,547.56 $37,910.67 $12,745.85 $50,656.52 $9,572.57
Glendale Heights 34,208 77,049.60 $43,787.29 $32,840.47 $11,041.21 $43,881.67 $8,041.04
Glen Ellyn 27,450 68,940.00 $39,178.60 $29,383.95 $9,879.10 $39,263.05 $7,377.29
Hoffman Estates 51,895 98,274.00 $55,849.11 $41,886.84 $14,082.66 $55,969.50 $10,510.26
LaGrange 15,550 49,320.00 $28,028.56 $21,021.42 $7,067.56 $28,088.97 $5,790.88
LaGrange Park 13,579 44,589.60 $25,340.27 $19,005.20 $6,389.69 $25,394.89 $5,468.76
Lincolnwood 12,590 42,216.00 $23,991.35 $17,993.51 $6,049.55 $24,043.07 $5,338.35
Lisle 22,390 62,868.00 $35,727.88 $26,795.91 $9,008.98 $35,804.90 $6,567.17
Lockport 24,839 65,806.80 $37,398.00 $28,048.50 $9,430.11 $37,478.62 $5,732.81
Lombard 43,165 87,798.00 $49,895.60 $37,421.70 $12,581.45 $50,003.16 $9,512.69
Montgomery 18,438 56,251.20 $31,967.56 $23,975.67 $8,060.80 $32,036.46 $4,379.13
Morton Grove 23,270 63,924.00 $36,328.01 $27,246.01 $9,160.31 $36,406.32 $6,743.90
Normal 52,497 98,996.40 $56,259.65 $42,194.74 $14,186.18 $56,380.92 $9,938.01
Oak Brook 7,883 28,378.80 $16,127.67 $12,095.75 $4,066.68 $16,162.44 $4,829.10
Oakbrook Terrace 2,134 7,682.40 $4,365.91 $3,274.43 $1,100.89 $4,375.32 $3,937.50
Roselle 22,763 63,315.60 $35,982.26 $26,986.69 $9,073.13 $36,059.82 $6,836.37
Schaumburg 74,227 125,072.40 $71,078.64 $53,308.98 $17,922.87 $71,231.86 $14,116.05
Schiller Park 11,793 40,303.20 $22,904.31 $17,178.23 $5,775.45 $22,953.68 $5,267.52
Skokie 64,784 113,740.80 $64,638.90 $48,479.17 $16,299.06 $64,778.23 $12,439.55
Tinley Park 56,703 104,043.60 $59,127.98 $44,345.98 $14,909.45 $59,255.43 $11,855.22
Warrenville 13,140 43,536.00 $24,741.51 $18,556.13 $6,238.71 $24,794.84 $5,478.23
Wayne 2,431 8,751.60 $4,973.53 $3,730.15 $1,254.10 $4,984.25 $3,914.81
West Chicago 27,086 68,503.20 $38,930.37 $29,197.78 $9,816.51 $39,014.28 $6,885.68
Wheaton 52,894 99,472.80 $56,530.39 $42,397.79 $14,254.45 $56,652.25 $11,334.88
Willowbrook 8,540 30,744.00 $17,471.82 $13,103.86 $4,405.62 $17,509.48 $4,866.01
Winfield 9,080 32,688.00 $18,576.59 $13,932.44 $4,684.19 $18,616.63 $4,831.33
Woodridge 32,971 75,565.20 $42,943.70 $32,207.78 $10,828.49 $43,036.27 $7,925.31
Yorkville 16,921 52,610.40 $29,898.49 $22,423.87 $7,539.07 $29,962.94 $4,479.12
TOTALS 1,043,950 2,415,582.00 $1,372,775.25 $1,029,581.44 $346,152.90 $1,375,734.34 $274,090.13
Notes:
6. Total Assessments includes the $500 Initial Ante plus the 3 subsequent Assessments.
3. Proposal includes a one-time "Bonus" payment for all Consortium members equal to 75% of the Cash Equivalent of the Therm
Allocation for 1 year.
1. Populations are from 2010 US Census. Results will change is a different population is used.
Northern Illinois Municipal Natural Gas Franchise Consortium
Therm/Cash Equivalent Estimate - Draft for Discussion Purposes Only
2. Proposed Therm Formula is 3.6 Therms per person for first 10,000 population, 2.4 Therms per person for next 10,000, and 1.2
Therms per person for next 80,000.
4. $0.5683 per Therm cash equivalent is reported as the current cost equivalent by Nicor.
5. First Year Benefit is the Signing Bonus plus the 20% Cash Differential that would be received in the first year.
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Agenda Item Number
NB #4
Tracking Number
PW 2016-04
Countryside Water main and Roadway Improvements
Public Works Committee – January 19, 2016
Project Direction
Project Update
Brad Sanderson Engineering
Name Department
The purpose of this memo is to provide an update on the project schedule as well as to discuss
several other topics.
The general schedule associated with the construction of the project is listed below:
IEPA Permit Submittal December 2015
Public Meeting February 2016
Bid Letting March 3, 2016
Target City Council Award March 22, 2016
Construction Start April 2016
Construction Complete June 2017
Roundabout
As you are aware, we have investigated the installation of a roundabout at the intersection of
Countryside Parkway and Center Parkway. This was investigated because the existing
intersection has some unusual geometry and is quite large. Note that the layout is conceptual at
this point and can be modified if the project moves forward. It is also important to note that the
lanes need to be reduced prior to entering the roundabout. The exact locations of the transition
can be adjusted. Our findings were as follows (please refer to Exhibit No.1 for a general plan):
The roundabout installation would offer an opportunity to improve the safety of the
intersection.
The proposed roundabout footprint would fit within existing right-of-way.
The proposed roundabout would offer the opportunity to reduce the lane widths of the
approaching roadways from 4 to 2 lanes, thus providing savings in long term
maintenance. This is true not only for pavement, but for the elimination of the grassed
median as well.
The existing curb on the medians is in poor condition and is in need of replacement.
Please also refer to the “About Roundabouts” attachment for additional facts and comments
regarding roundabouts.
The construction costs associated with the roundabout installation versus utilizing the existing
geometry are summarized in the table below:
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Lisa Pickering, Deputy City Clerk
Date: January 14, 2016
Subject: Countryside Water main and Roadway Improvements
Description Estimated Costs
Center/Countryside (Existing Geometry) $785,000
Center/Countryside (With Roundabout) $900,000
Loss of LAFO Funds* $237,500
Cost Difference $352,500
* It should be noted that we are planning to utilize LAFO funds to fund the milling and
resurfacing of Center Parkway (from Rt 34 to Countryside) and Countryside Parkway (from Rt
47 to Center). The initial projected funding for this project is $475,000 STP and $200,000 local
funds. By constructing the roundabout, we anticipate not being able to utilize approximately ½
the STP funds or $237,500. At the current time, we are not within the KKCOM’s 5 year
program, but must petition if we elect to move the LAFO project forward.
The other factor that comes into play is that by reducing the lane widths and removing the center
island for a portion of the area, the long term maintenance costs are reduced. We estimate the
savings (20 year projection) to be as follows:
Description Estimated Savings
Future Pavement Maintenance
(Mill/Resurfacing)
$260,000
Median Maintenance $140,000
Total $400,000
At this time, we are looking for direction from the City Council as to whether they would like to
move forward with a roundabout in this area. If this is the direction, we would recommend that
this be handled as a separate project to allow enough time for proper design and for public
education and input.
Budget / Planned Construction
At this point, we are approximately 90% complete with our cost estimates. It is our
understanding that the left over Game Farm Road funds are being transferred to this project,
providing us with an approximate construction budget of $5.4 M. Based on the budget, we are
projecting that the work will be as noted on Exhibit No. 2. We are planning on bidding at least
two alternates in the chance that bids come in below our estimates. Note our current projections
are assuming utilizing LAFO funds as discussed above. The exhibit does not reflect the
construction of the roundabout. Note that this is subject to change based on estimate finalization
and bid letting.
Miscellaneous Design Details – Driveway Aprons
As we have noted, there are a number of situations related to the driveway aprons that require
discussion. The situations are generally as follows:
Asphalt wedges have been placed in curb.
Curb in front of driveway aprons are deteriorated
Several aprons/curbs have been reconstructed to be monolithic (one piece) by property
owners
B-Boxes and/or water valves falling within existing aprons
In order to address the situations and to minimize the dollars spent on driveway aprons, we are
suggesting the following:
All asphalt wedges will be removed during construction. This is critical to maintain
proper drainage.
Deteriorated curb will be replaced at the discretion of the Engineer and Public Works
Director. Apron replacement will be to approximately 5’ to allow for proper transition.
Apron to be Replaced
Curb to be Replaced
with 3” Roll Curb
AprontobeReplaced
Wedge to Be Removed
Curb and Gutter to be
Replaced with 3” Roll Curb
All monolithic curbs will be removed and replaced with the 3” roll curb. Apron
replacement will be to approximately 5’ to allow for proper transition.
Aprons will be fully replaced to accommodate new b-boxes and/or valve removal.
Replace with 3”
Roll Curb
Monolithic Driveway
Curb to be Removed
Wedge to be Removed
Curb and Gutter to be
Replaced with 3” Roll
Apron to be Replaced
Valve Vault to be
Removed
We plan to highlight all of these planned approaches to apron construction in our dear resident
letter which will be issued soon. Also, as you have suggested, we plan to offer any resident the
opportunity to have their entire apron replaced as part of the contract as long as they meet certain
terms (funded by resident, received by certain date, etc.). The terms will be detailed out in the
dear resident letter. We estimate the costs of apron replacement to be $1,200 for asphalt and
$1,700 for concrete.
If you have any further questions or need additional information, please call.
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Exhibit No.2 Legend LAFO Project ($415,000 STP Funds-Construction)Streets Included In $5.4 Million Construction Budget Streets To Be Included As Alternate Bids Countryside
ABOUT ROUNDABOUTS
ROUNDABOUTS are circular intersections that
are similar to smaller, neighborhood traffic
circles. However, roundabouts have specific
design features that make them different. They
are designed to keep traffic moving at an
intersection. Incoming traffic yields to
circulating traffic, which prevents traffic from
locking up.
Traffic moves counterclockwise and left-turn
movements are eliminated. Traffic enters the
roundabout and uses right-turn movements to
exit. This eliminates the long wait for drivers
who want to turn left.
BENEFITS OF ROUNDABOUTS
• Reduce intersection collisions by 37%
• Reduce vehicle speeds
• Reduce severity of collisions
o Most are sideswipe instead of head-on
o Slower vehicle speeds at collision
• Reduce fatal accidents by as much as 90%
• Reduce injury accidents by 75%
• Reduce pedestrian crashes by 40%
• Reduce delay, which also decreases fuel
consumption and air pollution
Data from Insurance Institute for Highway Safety
COMMON COMMUNITY CONCERNS TO ADDRESS
1. Are Roundabouts safe? See the data presented above.
2. Will they improve traffic? If they are designed properly,
roundabouts reduce drive wait
times by keeping traffic flowing.
3. Will drivers know how to Proper lane markings and signs
use the roundabout? will be used and there will be
information given to the public
prior to opening the roundabout.
4. Are roundabouts cost Replacing an existing intersection
effective? with a roundabout can initially be
costly. But, long term costs are
lower as there is less pavement
and no signals to maintain.
HOW TO DRIVE A ROUNDABOUT
1. Slow down and obey
traffic signs.
2. Yield to pedestrians,
cyclists, and traffic on
your left already in the
roundabout.
3. Enter the roundabout
where there is a safe gap
in traffic.
4. Drive slowly (about 20
mph) while in the
roundabout.
5. As you approach your
exit, turn on your right-
turn signal.
6. Yield to pedestrians and
cyclists as you exit.
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Agenda Item Number
NB #5
Tracking Number
PW 2016-05
Mill Street LAFO
Public Works Committee – January 19, 2016
Consideration of Approval
Consideration of Resolution and Construction Engineering Agreement
Brad Sanderson Engineering
Name Department
The purpose of this memo is to provide an update on the project schedule as well as introduce
copies of the required Resolution, Joint Agreement and the proposed Construction Engineering
Agreement.
The general schedule associated with the construction of the project is listed below:
Bid Letting March 4th, 2016
Construction Start June 2016
Construction Complete August 2016
IDOT is now requiring that a specific resolution be passed as part of projects that have Federal
funding. A draft of the resolution is attached.
The Joint Agreement specifies the funding for the project, which is 75% Federal STP Funds and
25% Local Funds. The funding will be for both construction and construction engineering.
We have also attached our Phase III Engineering Agreement for review and consideration.
If you have any further questions or need additional information, please call.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Lisa Pickering, Deputy City Clerk
Date: January 11, 2016
Subject: Mill Street LAFO
Resolution No. 2016-_____
Page 1
Resolution No. 2016-____
A RESOLUTION AUTHORIZING THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS TO SHARE IN THE CONSTRUCTION COSTS
FOR THE ROADWAY IMPROVEMENT OF THE MILL STREET LAFO PROJECT
United City of Yorkville
Location: Mill Street (FAU 2517)
Section No.: 15-00049-00-RS
Project No.: M-4003(577)
Job No.: C-93-002-16
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”)
endeavors to improve a segment of Mill Street from Washington Street to Illinois 126 (School
House Road) that is approximately 1,800 feet in length and known to the Illinois Department of
Transportation as Section Number 15-00049-00-RS and State Job Number C-93-002-16; and,
WHEREAS, the cost of said improvement has necessitated the need for the use of
federal funds; and,
WHEREAS, the federal fund source requires a match of local funds; and,
WHEREAS, the use of federal funds requires a joint funding agreement in the form
attached hereto and made a part hereof by and between the City and the Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, hereby approve the Local Public Agency
Agreement For Federal Participation in the form attached hereto and made a part hereof (the
“Agreement”) and authorize fifty-four thousand, two-hundred and fifty dollars, ($54,250.00), or
as much of such sum as may be needed to match federal funds in the completion of
aforementioned project known as Section Number 15-00049-00-RS.
Resolution No. 2016-_____
Page 2
BE IT FURTHER RESOLVED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, that the Mayor is hereby authorized and directed to execute
said Agreement and any other documents related to advancement and completion of said project.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
_____ day of _______________, 2016.
_____________________________________
City Clerk
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ LARRY KOT ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
DIANE TEELING ________ SEAVER TARULIS ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_____ day of _______________, 2016.
____________________________________
Mayor
Attest:
___________________________________
City Clerk
Printed 1/12/2016 Page 1 of 5 BLR 05310 (Rev. 09/03/15)
Local Public Agency
City of Yorkville
State Contract
X
Day Labor
Local Contract
RR Force Account
Local Public Agency Agreement
for Federal Participation
Section
15-00049-00-RS
Fund Type
STU
ITEP, SRTS, or HSIP Number(s)
Construction Engineering Right-of-Way
Job Number Project Number Job Number Project Number Job Number Project Number
C-93-002-16 M-4003(577)
This Agreement is made and entered into between the above local public agency, hereinafter referred to as the “LPA”, and the State of
Illinois, acting by and through its Department of Transportation, hereinafter referred to as “STATE”. The STATE and LPA jointly
propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans
prepared by, or on behalf of the LPA, approved by the STATE and the STATE’s policies and procedures approved and/or required by
the Federal Highway Administration, hereinafter referred to as “FHWA”.
Location
Local Name Mill Street Route FAU 2517 Length 0.34 Mi
Termini Washington Street to IL 126
Current Jurisdiction City of Yorkville TIP Number 09-15-0024 Existing Structure No n/a
Project Description
Project consists of resurfacing, hot-mix asphalt surface course removal, pavement patching, hot-mix asphalt binder course, hot-mix
asphalt surface course, restoration, pavement marking, and all other work necessary to complete the project.
Division of Cost
Type of Work STU % % LPA % Total
Participating Construction 162,750 ( * ) ( ) 54,250 ( BAL ) 217,000
Non-Participating Construction ( ) ( ) ( )
Preliminary Engineering ( ) ( ) ( )
Construction Engineering 24,375 ( * ) ( ) 8,125 ( BAL ) 32,500
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
Materials
TOTAL $ 187,125 $ $62,375 $249,500
*75% STU funds not to exceed $187,125
NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal
and State participation. The actual costs will be used in the final division of cost for billing and reimbursment.
If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above.
Local Public Agency Appropriation
By execution of this Agreement, the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance
to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as an addendum (required for
State-let contracts only)
Method of Financing (State Contract Work Only)
METHOD A---Lump Sum (80% of LPA Obligation)
METHOD B--- Monthly Payments of due by the of each successive month.
METHOD C---LPA’s Share Balance divided by estimated total cost multiplied by actual progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Printed 1/12/2016 Page 2 of 5 BLR 05310 (Rev. 09/03/15)
Agreement Provisions
THE LPA AGREES:
(1) To acquire in its name, or in the name of the STATE if on the STATE highway system, all right-of-way necessary for this project in
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, and established State policies and procedures. Prior to advertising for bids, the LPA shall certify to the STATE that all
requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be
cooperatively determined by representatives of the LPA, and the STATE and the FHWA, if required.
(2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in
accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems.
(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
of the proposed improvement.
(4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied
by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required.
(5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and the FHWA, the completed improvement, or that
portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.
(6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
(7) To maintain, for a minimum of 3 years after final project close-out by the STATE, adequate books, records and supporting
documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the
contract and all books, records and supporting documents related to the contract shall be available for review and audit by the
Auditor General and the department; and the LPA agrees to cooperate fully with any audit conducted by the Auditor General and
the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents
required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under
the contract for which adequate books, records and supporting documentation are not available to support their purported
disbursement.
(8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of
the proposed improvement.
(9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA.
(10) (State Contracts Only) That the method of payment designated on page one will be as follows:
Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LPA will pay to the STATE within thirty
(30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA’s estimated obligation incurred under
this Agreement. The LPA will pay to the STATE the remainder of the LPA’s obligation (including any nonparticipating
costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the project based on final costs.
Method B - Monthly Payments. Upon award of the contract for this improvement, the LPA will pay to the STATE, a specified
amount each month for an estimated period of months, or until 80% of the LPA’s estimated obligation under the
provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LPA’s obligation
(including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.
Method C - Progress Payments. Upon receipt of the contractor’s first and subsequent progressive bills for this improvement, the
LPA will pay to the STATE within thirty (30) calendar days of receipt, an amount equal to the LPA’s share of the
construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for
nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid.
Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C, shall allow the STATE to internally offset,
reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to
LPA on this or any other contract. The STATE, at its sole option, upon notice to the LPA, may place the debt into the Illinois
Comptroller’s Offset System (15 ILCS 405/10.05) or take such other and further action as my be required to recover the debt.
(11) (Local Contracts or Day Labor) To provide or cause to be provided all of the initial funding, equipment, labor, material and services
necessary to construct the complete project.
(12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of, the project for which this
preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal
year in which the project is federally authorized, the LPA will repay the STATE any Federal funds received under the terms of this
Agreement.
(13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close
of the twentieth fiscal year following the fiscal year in which the project is federally authorized, the LPA will repay the STATE any
Federal Funds received under the terms of this Agreement.
Printed 1/12/2016 Page 3 of 5 BLR 05310 (Rev. 09/03/15)
(14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to
the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield,
Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad
related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for
railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office.
Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for
review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic
signals should also be coordinated with the IDOT’s District Bureau of Operations.
The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/railroad agreement prior to
requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local
Roads and Streets office.
Engineer’s Payment Estimates shall be in accordance with the Division of Cost on page one.
(15) And certifies to the best of its knowledge and belief its officials:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
(b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them
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 antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with
commission of any of the offenses enumerated in item (b) of this certification; and
(d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local)
terminated for cause or default.
(16) To include the certifications, listed in item 15 above, and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment.
(17) (State Contracts) That execution of this agreement constitutes the LPA’s concurrence in the award of the construction contract to
the responsible low bidder as determined by the STATE.
(18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LPA’s certification that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or
any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant,
loan or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of
a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions;
(c) The LPA shall require that the language of this certification be included in the award documents for all subawards at all ties
(including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
(19) To regulate parking and traffic in accordance with the approved project report.
(20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes.
(21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
accordance with current Illinois Compiled Statutes.
(22) To complete this phase of the project within three (3) years from the date this agreement is approved by the STATE if this portion of
the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000).
(23) To comply with the federal Financial Integrity Review and Evaluation (FIRE) program, which requires States and subrecipients to
justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no
expenditures have been charged against Federal funds for the past twelve (12) months.
To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to
ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization
date. Subsequent invoices will be submitted in intervals not to exceed six (6) months.
(24) The LPA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is
defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice,
progress report, and personnel and direct cost summaries.and other documentation supporting the requested reimbursement
amount (Form BLRS 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be
submitted with sequential invoice numbers by project.
Printed 1/12/2016 Page 4 of 5 BLR 05310 (Rev. 09/03/15)
The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred
costs, less previous payments, no later than twelve (12) months from the date of completion of this phase of the improvement or
from the date of the previous invoice, which ever occurs first. If a final invoice is not received within this time frame, the most recent
invoice may be considered the final invoice and the obligation of the funds closed.
(25) The LPA shall provide the final report to the appropriate STATE district within twelve months of the physical completion date of the
project so that the report may be audited and approved for payment. If the deadline cannot be met, a written explanation must be
provided to the district prior to the end of the twelve months documenting the reason and the new anticipated date of completion. If
the extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result
in the immediate close-out of the project and loss of further funding.
(26) (Single Audit Requirements) That if the LPA expends $750,000 or more a year in federal financial assistance they shall have an
audit made in accordance with 2 CFR 200. LPAs expending less than $750,000 a year shall be exempt from compliance. A copy
of the audit report must be submitted to the STATE (Office of Finance and Administration, Audit Coordination Section, 2300 South
Dirksen Parkway, Springfield, Illinois, 62764), within 30 days after the completion of the audit, but no later than one year after the
end of the LPA’s fiscal year. The CFDA number for all highway planning and construction activities is 20.205.
Federal funds utilized for constructon activities on projects let and awarded by the STATE (denoted by an “X” in the State Contract
field at the top of page 1) are not included in a LPA’s calculation of federal funds expended by the LPA for Single Audit purposes.
(27) That the LPA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration
(CCR)), which is a web-enabled government-wide application that collects, validates, stores, and disseminates business information
about the federal government’s trading partners in support of the contract award and the electronic payment processes. To register
or renew, please use the following website: https://www.sam.gov/portal/public/SAM/#1.
The LPA is also required to obtain a Dun & Bradstreet (D&B) D-U-N-S Number. This is a unique nine digit number required to
identify subrecipients of federal funding. A D-U-N-S number can be obtained at the following website:
http://fedgov.dnb.com/webform.
THE STATE AGREES:
(1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity
of the LPA’s certification of compliance with Titles II and III requirements.
(2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the
STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a
satisfactory bid.
(3) (Day Labor) To authorize the LPA to proceed with the construction of the improvement when Agreed Unit Prices are approved, and
to reimburse the LPA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and
Engineer’s Payment Estimates in accordance with the Division of Cost on page one.
(4) (Local Contracts) For agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction
work:
(a) To reimburse the LPA for the Federal and/or State share on the basis of periodic billings, provided said billings contain
sufficient cost information and show evidence of payment by the LPA;
(b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by
STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE.
IT IS MUTUALLY AGREED:
(1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard
Specifications for Road and Bridge Construction and federal Buy America provisions.
(2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve
the proposed improvement for Federal-aid participation within one (1) year of the date of execution of this Agreement.
(3) This Agreement shall be binding upon the parties, their successors and assigns.
(4) For contracts awarded by the LPA, the LPA shall not discriminate on the basis of race, color, national origin or sex in the award and
performance of any USDOT – assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.
The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of USDOT – assisted contracts. The LPA’s DBE program, as required by 49 CFR part 26 and as approved by
USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved
program, the STATE may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for
Printed 1/12/2016 Page 5 of 5 BLR 05310 (Rev. 09/03/15)
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). In the absence
of a USDOT – approved LPA DBE Program or on State awarded contracts, this Agreement shall be administered under the
provisions of the STATE’s USDOT approved Disadvantaged Business Enterprise Program.
(5) In cases where the STATE is reimbursing the LPA, obligations of the STATE shall cease immediately without penalty or further
payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate
or otherwise make available funds for the work contemplated herein.
(6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or
amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its
application.
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.
Number 1- Location Map, Number 2 – LPA Appropriation Resolution
(Insert Addendum numbers and titles as applicable)
The LPA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement
and all Addenda indicated above.
APPROVED APPROVED
Local Public Agency State of Illinois
Department of Transportation
Name of Official (Print or Type Name) Randall S. Blankenhorn, Secretary Date
By:
Title (County Board Chairperson/Mayor/Village President/etc.) Aaron A. Weatherholt, Deputy Director of Highways Date
Omer Osman, Director of Highways/Chief Engineer Date
(Signature) Date
The above signature certifies the agency’s TIN number is William M. Barnes, Chief Counsel Date
conducting business as a Governmental
Entity.
DUNS Number Jeff Heck, Chief Fiscal Officer (CFO) Date
NOTE: If the LPA signature is by an APPOINTED official, a resolution authorizingsaid appointed official to execute this
agreement is required.
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PROJECT ENDS
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #6
Tracking Number
PW 2016-06
Caledonia Subdivision – Proposed Dormant SSA
Public Works Committee– January 19, 2016
Majority
Approval
Ordinance for a dormant Special Service Area for the Caledonia Subdivision.
Krysti Barksdale-Noble, AICP Community Development
Name Department
Project Summary
As you know, the Caledonia Subdivision has recently been approved for a clarification
and restatement of their original Planned Unit Development (PUD) Agreement which should
clear the way for future home construction in the stalled subdivision. As part of that recently
approved ordinance, the Successor Owners have agreed to the establishment of a dormant, or
back-up, Special Service Area (SSA) should the homeowner’s association, which has primary
responsibility for the common areas, dissolves or fails to adequately maintain them.
The SSA would serve as long term funding source for the maintenance of the various
common areas and storm water facilities, and only affects those property owners directly
benefiting from such maintenance. A copy of the draft enabling ordinance for the establishment
of the Special Service Area is attached for your review. Also in this regard, the property owner is
required to grant a separate Plat of Easement for perpetual access to the storm water basin should
future maintenance by the City be required. A copy of the draft easement will be presented to
the City Council as part of the public hearing process.
Proposed Dormant Special Service Area
As mentioned above, the attached draft ordinance for dormant Special Service Area
(SSA) prepared by the City Attorney establishes a backup mechanism for payment for future and
continued maintenance and repair of the four (4) common area lots that include drainage
easement areas, storm water facilities, entry features, perimeter landscaping features and a
landscape easement area of the Caledonia Subdivision in the event the homeowner’s association
fails to do so. The proposed SSA will consist only of lots A, B, C and D as illustrated on the
attached final plat. The SSA will be used to cover the mowing and maintenance of the
landscaped areas, entry signage and shall cover storm water facility costs related to (1) the
cleaning and dredging of the storm water detention and retention ponds and basins, drainage
swales and ditches; (2) the maintenance and care, including erosion control of the property
surrounding such detention and retention ponds and basins, drainage swales and ditches; (3) the
maintenance, repair and replacement of storm sewers, drain tile, pipes and other conduit, and
appurtenant structures; (4) the care, maintenance and restoration of wetland areas; and (5) the
administrative costs incurred by the City in connection with the above in the event the Owners or
their association, if any, fail to satisfactorily undertake the aforesaid ongoing maintenance, repair
and reconstruction in compliance with the ordinances of the City and the Yorkville City Code.
The establishment of a dormant or back-up Special Service Area was anticipated as part
of the original PUD agreement approved in 2005 and noted in Article IV, Section 9 of the
attached Declaration of Covenants, Conditions, Restrictions and Easements for the Caledonia
Subdivision recorded as Document #200600026678. Should the homeowner’s association fail to
Memorandum
To: Bart Olson, City Administrator
From: Krysti Barksdale-Noble, Community Dev. Dir.
CC: Eric Dhuse, Director of Public Works
Brad Sanderson, EEI
Date: January 14, 2016
Subject: Caledonia Subdivision – Back-up SSA Creation
Public Hearing - Proposed Dormant SSA
maintain these common areas and storm water facilities, the individual owners of lots within the
Caledonia Subdivision will be levied a tax not to exceed $1.10 for every $100.00 of equalized
assessed value of the property to be collected via real estate taxes.
Staff Comments/Recommendation
Staff is seeking direction and authorization to schedule the public hearing date for the
Special Service Area. If direction given is to move forward with the public hearing dated, we
anticipate to have a notice in the January 28th edition of the Kendall County Record and
individual notices to go out the property owners of the Caledonia Subdivision the first week of
February. We are aiming for a February 23rd Public Hearing during the City Council meeting.
Ordinance No. 2016-___
Page 1
Ordinance No. 2016-___
AN ORDINANCE PROPOSING THE ESTABLISHMENT OF
SPECIAL SERVICE AREA NUMBER 2016-1
IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH
(Caledonia)
BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville,
Kendall County, Illinois, as follows:
Section 1: Authority. The United City of Yorkville, Kendall County, Illinois (the
“City”) is a duly organized and validly existing non home-rule municipality authorized pursuant
to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the
provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seq. (the “Tax
Law”), to levy taxes in order to pay for the provision of special services to areas within the
boundaries of the City.
Section 2: Findings. The Mayor and City Council of the City finds as follows:
A. That certain owners of record (the “Owners”) of the real property legally described in
Exhibit A, attached hereto and made a part hereof (the “Subject Territory”), have
developed property and/or presented plans for a residential development of the
Subject Territory and there must be a backup mechanism for payment of any and all
costs of continued maintenance, repair and reconstruction of all common areas within
the Subject Territory, including, but not limited to, roads, sidewalks, lighting,
landscaping, open spaces, trails, and storm water systems located within and serving
the Subject Territory, all as hereinafter described; and,
B. That it is in the public interest that the Mayor and City Council of the City consider
the creation of a special service area for the Subject Territory; and,
C. That the proposed special service area is compact and contiguous; and,
D. The municipal services to be provided in the event the special service area is
established are in addition to the municipal service provided to the City as a whole
and the proposed special service area will benefit from the special municipal services
to be provided.
Section 3: Proposal. The City agrees to proceed to consider the establishment of a
special service area for the Subject Territory as Special Service Area 2016-1 for the purpose of
payment of the costs of the maintenance of all common areas within the Subject Territory,
including, but not limited to, roads, sidewalks, lighting, landscaping, open spaces, trails, and
storm water systems, in the event that the Owners and/or a homeowners association for the
Subject Territory have failed to do so, including (1) the maintenance and care of open spaces,
trails, and wetlands including planting, landscaping, removal of debris, and cleanup; ( 2) the
cleaning and dredging of storm water detention and retention ponds and basins, drainage swales
and ditches; (3) the maintenance and care, including erosion control of the property surrounding
such detention and retention ponds and basins, drainage swales and ditches; (4) the maintenance,
repair and replacement of storm sewers, drain tile, pipes and other conduit, and appurtenant
Ordinance No. 2016-___
Page 2
structures; and (5) the administrative costs incurred by the City in connection with the above
(collectively the “Services”) within the Special Service Area in the event the Owners and/or a
homeowners association for the Subject Territory have failed to satisfactorily undertake the
aforesaid ongoing maintenance, repair and reconstruction in compliance with the ordinances of
the City and the Yorkville City Code.
Section 4: Public Hearing. A public hearing shall be held on _____________, 2016 at
7:00 p.m. at the City municipal building at 800 Game Farm Road, Yorkville, Illinois, to consider
the creation of the United City of Yorkville Special Service Area Number 2016-1 in the Subject
Territory.
At the hearing, the following method of payment of the special City services to be
provided within the proposed special service area will be considered: the levy of a tax by the
City on each parcel of property in the proposed special service area, sufficient to produce
revenues to provide special municipal services to the proposed special service area; the proposed
rate of taxes for the initial year shall not exceed $1.10 for every $100.00 of equalized assessed
value and the maximum rate of such taxes to be extended in any year within the proposed special
service area shall not exceed $ 1.10 for every $100.00 of equalized assessed value.
Section 5: Notice of Public Hearing. Notice of hearing shall be published at least once
not less than fifteen (15) days prior to the public hearing specified in Section 5 above, in a
newspaper of general circulation in the City. In addition, notice shall be given by depositing the
notice in the United States mail addressed to the person or persons in whose name the general
taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within
the proposed special service area. This notice shall be mailed not less than ten (10) days prior to
the time set for the public hearing. In the event taxes for the last preceding year were not paid,
the notice shall be sent to the person last listed on the tax rolls prior to that year as the taxpayer
of record. The notice shall be in substantially the form set forth in Exhibit B attached hereto and
made a part of this Ordinance.
Section 6: Effective Date. This Ordinance shall be in full force and effect from and after
its passage and approval in the manner provided by law.
Ordinance No. 2016-___
Page 3
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
_____ day of _______________, 2016.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ LARRY KOT ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
DIANE TEELING ________ SEAVER TARULIS ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_____ day of _______________, 2016.
______________________________
MAYOR
EXHIBIT A
LEGAL DESCRIPTION AND PROPERTY INDEX NUMBERS
Exhibit A – Page 2
APPLICABLE PROPERTY IDENTIFICATION NUMBERS (PINs):
102-17-187-001
102-17-187-002
102-17-187-003
102-17-187-004
102-17-187-005
102-17-187-006
102-17-187-007
102-17-187-008
102-17-188-001
102-17-188-002
102-17-188-003
102-17-188-004
102-17-188-005
102-17-188-006
102-17-188-007
102-17-188-008
102-17-189-001
102-17-189-002
102-17-189-003
102-17-189-004
102-17-189-005
102-17-189-006
102-17-189-007
102-17-189-008
102-17-189-009
102-17-189-010
102-17-189-011
102-17-190-001
102-17-190-002
102-17-190-003
102-17-190-004
102-17-190-005
102-17-190-006
102-17-191-001
102-17-191-002
102-17-191-003
102-17-191-004
102-17-191-005
102-17-191-006
102-17-191-007
102-17-191-008
102-17-191-009
102-17-191-010
102-17-191-011
102-17-191-012
102-17-191-013
102-17-191-014
102-17-191-015
102-17-191-016
102-17-191-017
102-17-191-018
102-17-191-019
102-17-191-020
102-17-191-021
102-17-191-022
102-17-191-023
102-17-191-024
102-17-191-025
102-17-191-026
102-17-191-027
102-17-191-028
102-17-191-029
102-17-192-001
102-17-192-002
102-17-192-003
102-17-192-004
102-17-192-005
102-17-192-006
102-17-192-007
102-17-192-008
102-17-192-009
102-17-201-011
102-17-201-012
102-17-201-013
102-17-202-001
102-17-202-002
102-17-202-003
102-17-202-004
102-17-202-005
102-17-202-006
102-17-202-007
102-17-202-008
102-17-202-009
102-17-202-010
102-17-202-011
102-17-202-012
102-17-202-013
102-17-202-014
102-17-202-015
102-17-202-016
102-17-202-017
102-17-202-018
102-17-202-019
102-17-203-001
102-17-203-002
102-17-203-003
102-17-203-004
102-17-203-005
102-17-203-006
102-17-203-007
102-17-203-008
102-17-203-009
Exhibit A – Page 3
102-17-204-001
102-17-204-002
102-17-204-003
102-17-204-004
102-17-204-005
102-17-204-006
102-17-204-007
102-17-204-010
102-17-205-001
102-17-205-002
102-17-205-003
102-17-205-004
102-17-205-005
102-17-205-006
102-17-205-007
102-17-205-008
102-17-205-009
102-17-205-010
102-17-206-001
102-17-206-002
102-17-206-003
102-17-206-004
102-17-206-005
102-17-206-006
102-17-206-008
102-17-206-009
102-17-206-010
102-17-207-002
102-17-207-003
102-17-207-004
102-17-207-005
102-17-207-006
102-17-207-007
102-17-207-008
102-17-207-009
102-17-207-010
102-17-207-011
102-17-207-012
102-17-207-013
102-17-207-014
102-17-207-015
102-17-207-016
102-17-208-001
102-17-208-002
COMMON ADDRESSES:
3321 LAUREN DR YORKVILLE IL 60560
3311 LAUREN DR YORKVILLE IL 60560
3301 LAUREN DR YORKVILLE IL 60560
3291 LAUREN DR YORKVILLE IL 60560
3271 LAUREN DR YORKVILLE IL 60560
3251 LAUREN DR YORKVILLE IL 60560
3231 LAUREN DR YORKVILLE IL 60560
3211 LAUREN DR YORKVILLE IL 60560
3171 LAUREN DR YORKVILLE IL 60560
3161 LAUREN DR YORKVILLE IL 60560
3151 LAUREN DR YORKVILLE IL 60560
3141 LAUREN DR YORKVILLE IL 60560
3131 LAUREN DR YORKVILLE IL 60560
3121 LAUREN DR YORKVILLE IL 60560
3111 LAUREN DR YORKVILLE IL 60560
3101 LAUREN DR YORKVILLE IL 60560
582 SHADOW WOOD DR YORKVILLE IL 60560
574 SHADOW WOOD DR YORKVILLE IL 60560
562 SHADOW WOOD DR YORKVILLE IL 60560
554 SHADOW WOOD DR YORKVILLE IL 60560
542 SHADOW WOOD DR YORKVILLE IL 60560
524 SHADOW WOOD DR YORKVILLE IL 60560
512 SHADOW WOOD DR YORKVILLE IL 60560
508 SHADOW WOOD DR YORKVILLE IL 60560
494 SHADOW WOOD DR YORKVILLE IL 60560
488 SHADOW WOOD DR YORKVILLE IL 60560
472 SHADOW WOOD DR YORKVILLE IL 60560
3327 CALEDONIA DR YORKVILLE IL 60560
3333 CALEDONIA DR YORKVILLE IL 60560
3323 CALEDONIA DR YORKVILLE IL 60560
3311 CALEDONIA DR YORKVILLE IL 60560
3307 CALEDONIA DR YORKVILLE IL 60560
3303 CALEDONIA DR YORKVILLE IL 60560
3283 PINEWOOD DR YORKVILLE IL 60560
3263 PINEWOOD DR YORKVILLE IL 60560
3243 PINEWOOD DR YORKVILLE IL 60560
3223 PINEWOOD DR YORKVILLE IL 60560
3203 PINEWOOD DR YORKVILLE IL 60560
3193 PINEWOOD DR YORKVILLE IL 60560
3183 PINEWOOD DR YORKVILLE IL 60560
3173 PINEWOOD DR YORKVILLE IL 60560
3163 PINEWOOD DR YORKVILLE IL 60560
3153 PINEWOOD DR YORKVILLE IL 60560
3143 PINEWOOD DR YORKVILLE IL 60560
3133 PINEWOOD DR YORKVILLE IL 60560
485 SHADOW WOOD DR YORKVILLE IL 60560
505 SHADOW WOOD DR YORKVILLE IL 60560
3102 LAUREN DR YORKVILLE IL 60560
3112 LAUREN DR YORKVILLE IL 60560
3122 LAUREN DR YORKVILLE IL 60560
3132 LAUREN DR YORKVILLE IL 60560
3142 LAUREN DR YORKVILLE IL 60560
3152 LAUREN DR YORKVILLE IL 60560
3162 LAUREN DR YORKVILLE IL 60560
3172 LAUREN DR YORKVILLE IL 60560
3182 LAUREN DR YORKVILLE IL 60560
3192 LAUREN DR YORKVILLE IL 60560
3212 LAUREN DR YORKVILLE IL 60560
3232 LAUREN DR YORKVILLE IL 60560
3252 LAUREN DR YORKVILLE IL 60560
Exhibit A – Page 4
3272 LAUREN DR YORKVILLE IL 60560
3292 LAUREN DR YORKVILLE IL 60560
3284 PINEWOOD DR YORKVILLE IL 60560
3264 PINEWOOD DR YORKVILLE IL 60560
3244 PINEWOOD DR YORKVILLE IL 60560
3224 PINEWOOD DR YORKVILLE IL 60560
3204 PINEWOOD DR YORKVILLE IL 60560
3194 PINEWOOD DR YORKVILLE IL 60560
3184 PINEWOOD DR YORKVILLE IL 60560
3174 PINEWOOD DR YORKVILLE IL 60560
465 SHADOW WOOD DR YORKVILLE IL 60560
308 RYAN CT YORKVILLE IL 60560
312 RYAN CT YORKVILLE IL 60560
322 RYAN CT YORKVILLE IL 60560
3495 RYAN DR YORKVILLE IL 60560
3485 RYAN DR YORKVILLE IL 60560
3475 RYAN DR YORKVILLE IL 60560
3465 RYAN DR YORKVILLE IL 60560
3457 RYAN DR YORKVILLE IL 60560
3451 RYAN DR YORKVILLE IL 60560
3445 RYAN DR YORKVILLE IL 60560
3435 RYAN DR YORKVILLE IL 60560
3425 RYAN DR YORKVILLE IL 60560
3405 RYAN DR YORKVILLE IL 60560
3395 RYAN DR YORKVILLE IL 60560
3385 RYAN DR YORKVILLE IL 60560
3375 RYAN DR YORKVILLE IL 60560
3365 RYAN DR YORKVILLE IL 60560
3355 RYAN DR YORKVILLE IL 60560
3345 RYAN DR YORKVILLE IL 60560
3347 CALEDONIA DR YORKVILLE IL 60560
3343 CALEDONIA DR YORKVILLE IL 60560
3456 RYAN DR YORKVILLE IL 60560
3436 RYAN DR YORKVILLE IL 60560
3426 RYAN DR YORKVILLE IL 60560
3406 RYAN DR YORKVILLE IL 60560
3396 RYAN DR YORKVILLE IL 60560
3386 RYAN DR YORKVILLE IL 60560
3376 RYAN DR YORKVILLE IL 60560
3366 RYAN DR YORKVILLE IL 60560
3356 RYAN DR YORKVILLE IL 60560
383 FONTANA DR YORKVILLE IL 60560
363 FONTANA DR YORKVILLE IL 60560
343 FONTANA DR YORKVILLE IL 60560
323 FONTANA DR YORKVILLE IL 60560
303 FONTANA DR YORKVILLE IL 60560
3247 BOOMBAH BLVD YORKVILLE IL 60560
3267 BOOM BAH BLVD YORKVILLE IL 60560
3352 CALEDONIA DR YORKVILLE IL 60560
3285 LONGVIEW DR YORKVILLE IL 60560
3265 LONGVIEW DR YORKVILLE IL 60560
3245 LONGVIEW DR YORKVILLE IL 60560
3225 LONGVIEW DR YORKVILLE IL 60560
3205 LONGVIEW DR YORKVILLE IL 60560
3195 LONGVIEW DR YORKVILLE IL 60560
3185 LONGVIEW DR YORKVILLE IL 60560
3175 LONGVIEW DR YORKVILLE IL 60560
435 SHADOW WOOD DR YORKVILLE IL 60560
405 SHADOW WOOD DR YORKVILLE IL 60560
384 FONTANA DR YORKVILLE IL 60560
364 FONTANA DR YORKVILLE IL 60560
344 FONTANA DR YORKVILLE IL 60560
324 FONTANA DR YORKVILLE IL 60560
304 FONTANA DR YORKVILLE IL 60560
305 SHADOW WOOD DR YORKVILLE IL 60560
325 SHADOW WOOD DR YORKVILLE IL 60560
345 SHADOW WOOD DR YORKVILLE IL 60560
365 SHADOW WOOD DR YORKVILLE IL 60560
385 SHADOW WOOD DR YORKVILLE IL 60560
3246 BOOMBAH BLVD YORKVILLE IL 60560
3238 BOOMBAH BLVD YORKVILLE IL 60560
3228 BOOM BAH BLVD YORKVILLE IL 60560
3208 BOOMBAH BLVD YORKVILLE IL 60560
3194 BOOMBAH BLVD YORKVILLE IL 60560
3188 BOOM BAH BLVD YORKVILLE IL 60560
3184 BOOMBAH BLVD YORKVILLE IL 60560
3182 BOOMBAH BLVD YORKVILLE IL 60560
3178 BOOMBAH BLVD YORKVILLE IL 60560
3168 BOOMBAH BLVD YORKVILLE IL 60560
3158 BOOMBAH BLVD YORKVILLE IL 60560
3148 BOOMBAH BLVD YORKVILLE IL 60560
3138 BOOMBAH BLVD YORKVILLE IL 60560
3128 BOOMBAH BLVD YORKVILLE IL 60560
3108 BOOMBAH BLVD YORKVILLE IL 60560
354 SHADOW WOOD DR YORKVILLE IL 60560
Exhibit A – Page 5
EXHIBIT B
Notice of Hearing
United City of Yorkville, Illinois
Special Service Area Number 2016-1
Notice is Hereby Given that on ____________ 2016, at 7:00 p.m. in the City Hall
building at 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the United
City of Yorkville (the “City”) to consider forming a special service area to be called “Special
Service Area 2016-1,” consisting of the following real property legally described as follows:
Exhibit B – Page 2
APPLICABLE PROPERTY IDENTIFICATION NUMBERS (PINs):
102-17-187-001
102-17-187-002
102-17-187-003
102-17-187-004
102-17-187-005
102-17-187-006
102-17-187-007
102-17-187-008
102-17-188-001
102-17-188-002
102-17-188-003
102-17-188-004
102-17-188-005
102-17-188-006
102-17-188-007
102-17-188-008
102-17-189-001
102-17-189-002
102-17-189-003
102-17-189-004
102-17-189-005
102-17-189-006
102-17-189-007
102-17-189-008
102-17-189-009
102-17-189-010
102-17-189-011
102-17-190-001
102-17-190-002
102-17-190-003
102-17-190-004
102-17-190-005
102-17-190-006
102-17-191-001
102-17-191-002
102-17-191-003
102-17-191-004
102-17-191-005
102-17-191-006
102-17-191-007
102-17-191-008
102-17-191-009
102-17-191-010
102-17-191-011
102-17-191-012
102-17-191-013
102-17-191-014
102-17-191-015
102-17-191-016
102-17-191-017
102-17-191-018
102-17-191-019
102-17-191-020
102-17-191-021
102-17-191-022
102-17-191-023
102-17-191-024
102-17-191-025
102-17-191-026
102-17-191-027
102-17-191-028
102-17-191-029
102-17-192-001
102-17-192-002
102-17-192-003
102-17-192-004
102-17-192-005
102-17-192-006
102-17-192-007
102-17-192-008
102-17-192-009
102-17-201-011
102-17-201-012
102-17-201-013
102-17-202-001
102-17-202-002
102-17-202-003
102-17-202-004
102-17-202-005
102-17-202-006
102-17-202-007
102-17-202-008
102-17-202-009
102-17-202-010
102-17-202-011
102-17-202-012
102-17-202-013
102-17-202-014
102-17-202-015
102-17-202-016
Exhibit B – Page 3
102-17-202-017
102-17-202-018
102-17-202-019
102-17-203-001
102-17-203-002
102-17-203-003
102-17-203-004
102-17-203-005
102-17-203-006
102-17-203-007
102-17-203-008
102-17-203-009
102-17-204-001
102-17-204-002
102-17-204-003
102-17-204-004
102-17-204-005
102-17-204-006
102-17-204-007
102-17-204-010
102-17-205-001
102-17-205-002
102-17-205-003
102-17-205-004
102-17-205-005
102-17-205-006
102-17-205-007
102-17-205-008
102-17-205-009
102-17-205-010
102-17-206-001
102-17-206-002
102-17-206-003
102-17-206-004
102-17-206-005
102-17-206-006
102-17-206-008
102-17-206-009
102-17-206-010
102-17-207-002
102-17-207-003
102-17-207-004
102-17-207-005
102-17-207-006
102-17-207-007
102-17-207-008
102-17-207-009
102-17-207-010
102-17-207-011
102-17-207-012
102-17-207-013
102-17-207-014
102-17-207-015
102-17-207-016
102-17-208-001
102-17-208-002
COMMON ADDRESSES:
3321 LAUREN DR YORKVILLE IL 60560
3311 LAUREN DR YORKVILLE IL 60560
3301 LAUREN DR YORKVILLE IL 60560
3291 LAUREN DR YORKVILLE IL 60560
3271 LAUREN DR YORKVILLE IL 60560
3251 LAUREN DR YORKVILLE IL 60560
3231 LAUREN DR YORKVILLE IL 60560
3211 LAUREN DR YORKVILLE IL 60560
3171 LAUREN DR YORKVILLE IL 60560
3161 LAUREN DR YORKVILLE IL 60560
3151 LAUREN DR YORKVILLE IL 60560
3141 LAUREN DR YORKVILLE IL 60560
3131 LAUREN DR YORKVILLE IL 60560
3121 LAUREN DR YORKVILLE IL 60560
3111 LAUREN DR YORKVILLE IL 60560
3101 LAUREN DR YORKVILLE IL 60560
582 SHADOW WOOD DR YORKVILLE IL 60560
574 SHADOW WOOD DR YORKVILLE IL 60560
562 SHADOW WOOD DR YORKVILLE IL 60560
554 SHADOW WOOD DR YORKVILLE IL 60560
542 SHADOW WOOD DR YORKVILLE IL 60560
524 SHADOW WOOD DR YORKVILLE IL 60560
512 SHADOW WOOD DR YORKVILLE IL 60560
508 SHADOW WOOD DR YORKVILLE IL 60560
494 SHADOW WOOD DR YORKVILLE IL 60560
488 SHADOW WOOD DR YORKVILLE IL 60560
472 SHADOW WOOD DR YORKVILLE IL 60560
3327 CALEDONIA DR YORKVILLE IL 60560
3333 CALEDONIA DR YORKVILLE IL 60560
3323 CALEDONIA DR YORKVILLE IL 60560
3311 CALEDONIA DR YORKVILLE IL 60560
3307 CALEDONIA DR YORKVILLE IL 60560
3303 CALEDONIA DR YORKVILLE IL 60560
3283 PINEWOOD DR YORKVILLE IL 60560
3263 PINEWOOD DR YORKVILLE IL 60560
3243 PINEWOOD DR YORKVILLE IL 60560
3223 PINEWOOD DR YORKVILLE IL 60560
3203 PINEWOOD DR YORKVILLE IL 60560
3193 PINEWOOD DR YORKVILLE IL 60560
3183 PINEWOOD DR YORKVILLE IL 60560
3173 PINEWOOD DR YORKVILLE IL 60560
3163 PINEWOOD DR YORKVILLE IL 60560
3153 PINEWOOD DR YORKVILLE IL 60560
3143 PINEWOOD DR YORKVILLE IL 60560
3133 PINEWOOD DR YORKVILLE IL 60560
485 SHADOW WOOD DR YORKVILLE IL 60560
505 SHADOW WOOD DR YORKVILLE IL 60560
3102 LAUREN DR YORKVILLE IL 60560
3112 LAUREN DR YORKVILLE IL 60560
3122 LAUREN DR YORKVILLE IL 60560
3132 LAUREN DR YORKVILLE IL 60560
3142 LAUREN DR YORKVILLE IL 60560
3152 LAUREN DR YORKVILLE IL 60560
3162 LAUREN DR YORKVILLE IL 60560
3172 LAUREN DR YORKVILLE IL 60560
3182 LAUREN DR YORKVILLE IL 60560
3192 LAUREN DR YORKVILLE IL 60560
3212 LAUREN DR YORKVILLE IL 60560
Exhibit B – Page 4
3232 LAUREN DR YORKVILLE IL 60560
3252 LAUREN DR YORKVILLE IL 60560
3272 LAUREN DR YORKVILLE IL 60560
3292 LAUREN DR YORKVILLE IL 60560
3284 PINEWOOD DR YORKVILLE IL 60560
3264 PINEWOOD DR YORKVILLE IL 60560
3244 PINEWOOD DR YORKVILLE IL 60560
3224 PINEWOOD DR YORKVILLE IL 60560
3204 PINEWOOD DR YORKVILLE IL 60560
3194 PINEWOOD DR YORKVILLE IL 60560
3184 PINEWOOD DR YORKVILLE IL 60560
3174 PINEWOOD DR YORKVILLE IL 60560
465 SHADOW WOOD DR YORKVILLE IL 60560
308 RYAN CT YORKVILLE IL 60560
312 RYAN CT YORKVILLE IL 60560
322 RYAN CT YORKVILLE IL 60560
3495 RYAN DR YORKVILLE IL 60560
3485 RYAN DR YORKVILLE IL 60560
3475 RYAN DR YORKVILLE IL 60560
3465 RYAN DR YORKVILLE IL 60560
3457 RYAN DR YORKVILLE IL 60560
3451 RYAN DR YORKVILLE IL 60560
3445 RYAN DR YORKVILLE IL 60560
3435 RYAN DR YORKVILLE IL 60560
3425 RYAN DR YORKVILLE IL 60560
3405 RYAN DR YORKVILLE IL 60560
3395 RYAN DR YORKVILLE IL 60560
3385 RYAN DR YORKVILLE IL 60560
3375 RYAN DR YORKVILLE IL 60560
3365 RYAN DR YORKVILLE IL 60560
3355 RYAN DR YORKVILLE IL 60560
3345 RYAN DR YORKVILLE IL 60560
3347 CALEDONIA DR YORKVILLE IL 60560
3343 CALEDONIA DR YORKVILLE IL 60560
3456 RYAN DR YORKVILLE IL 60560
3436 RYAN DR YORKVILLE IL 60560
3426 RYAN DR YORKVILLE IL 60560
3406 RYAN DR YORKVILLE IL 60560
3396 RYAN DR YORKVILLE IL 60560
3386 RYAN DR YORKVILLE IL 60560
3376 RYAN DR YORKVILLE IL 60560
3366 RYAN DR YORKVILLE IL 60560
3356 RYAN DR YORKVILLE IL 60560
383 FONTANA DR YORKVILLE IL 60560
363 FONTANA DR YORKVILLE IL 60560
343 FONTANA DR YORKVILLE IL 60560
323 FONTANA DR YORKVILLE IL 60560
303 FONTANA DR YORKVILLE IL 60560
3247 BOOMBAH BLVD YORKVILLE IL 60560
3267 BOOM BAH BLVD YORKVILLE IL 60560
3352 CALEDONIA DR YORKVILLE IL 60560
3285 LONGVIEW DR YORKVILLE IL 60560
3265 LONGVIEW DR YORKVILLE IL 60560
3245 LONGVIEW DR YORKVILLE IL 60560
3225 LONGVIEW DR YORKVILLE IL 60560
3205 LONGVIEW DR YORKVILLE IL 60560
3195 LONGVIEW DR YORKVILLE IL 60560
3185 LONGVIEW DR YORKVILLE IL 60560
3175 LONGVIEW DR YORKVILLE IL 60560
435 SHADOW WOOD DR YORKVILLE IL 60560
405 SHADOW WOOD DR YORKVILLE IL 60560
384 FONTANA DR YORKVILLE IL 60560
364 FONTANA DR YORKVILLE IL 60560
344 FONTANA DR YORKVILLE IL 60560
324 FONTANA DR YORKVILLE IL 60560
304 FONTANA DR YORKVILLE IL 60560
305 SHADOW WOOD DR YORKVILLE IL 60560
325 SHADOW WOOD DR YORKVILLE IL 60560
345 SHADOW WOOD DR YORKVILLE IL 60560
365 SHADOW WOOD DR YORKVILLE IL 60560
385 SHADOW WOOD DR YORKVILLE IL 60560
3246 BOOMBAH BLVD YORKVILLE IL 60560
3238 BOOMBAH BLVD YORKVILLE IL 60560
3228 BOOM BAH BLVD YORKVILLE IL 60560
3208 BOOMBAH BLVD YORKVILLE IL 60560
3194 BOOMBAH BLVD YORKVILLE IL 60560
3188 BOOM BAH BLVD YORKVILLE IL 60560
3184 BOOMBAH BLVD YORKVILLE IL 60560
3182 BOOMBAH BLVD YORKVILLE IL 60560
3178 BOOMBAH BLVD YORKVILLE IL 60560
3168 BOOMBAH BLVD YORKVILLE IL 60560
3158 BOOMBAH BLVD YORKVILLE IL 60560
3148 BOOMBAH BLVD YORKVILLE IL 60560
3138 BOOMBAH BLVD YORKVILLE IL 60560
3128 BOOMBAH BLVD YORKVILLE IL 60560
3108 BOOMBAH BLVD YORKVILLE IL 60560
354 SHADOW WOOD DR YORKVILLE IL 60560
Exhibit B – Page 5
The general purpose of the formation of the Special Service Area 2016-1 is to provide a
backup mechanism for payment of any and all costs of continued maintenance, repair and
reconstruction of all common areas within the Special Service Area, including, but not limited to,
roads, sidewalks, lighting, landscaping, open spaces, trails, and storm water systems in the event
that the Owners and/or a homeowners association within the Special Service Area have failed to
do so. The special governmental services for the Special Service Area may include:
(1) the maintenance and care of open spaces, trails, and wetlands including planting,
landscaping, removal of debris, and cleanup;
(2) the cleaning and dredging of storm water detention and retention ponds and
basins, drainage swales and ditches;
(3) the maintenance and care, including erosion control of the property surrounding
such detention and retention ponds and basins, drainage swales and ditches;
(4) the maintenance, repair and replacement of storm sewers, drain tile, pipes and
other conduit, and appurtenant structures; and
(5) the administrative costs incurred by the City in connection with the above
(collectively, the “Services”) within the Special Service Area.
All interested persons, including all persons owing taxable real property located within
Special Service Number 2016-1 will be given an opportunity to be heard and file written
objections regarding the formation of and the boundaries of the Special Service Area and may
object to the formation of the area and the levy of taxes affecting said area.
It is proposed that to pay for such Services the City shall levy an annual tax not to exceed
$1.10 for every $100.00 of equalized assessed value of the property in the Special Service Area
to pay the annual cost of providing such Services. The proposed amount of the tax levy for the
initial year for which taxes will be levied within the special service area will not exceed $1.10 for
every $100.00 of equalized assessed value. No City Special Service Area bonds will be issued.
At the hearing, all interested persons affected by the formation of such Special Service
Area, including all persons owning taxable real estate therein, will be given an opportunity to be
heard. The hearing may be adjourned by the Mayor and City Council without notice other than a
motion to be entered upon the minutes of its meeting fixing the time and place of its
adjournment.
If a petition signed by at least 51% of the electors residing within the Special Service
Area and by at least 51% of the owners of record of the land included within the boundaries of
the Special Service Area is filed with the City Clerk within sixty (60) days following the final
adjournment of the public hearing objecting to the creation of the Special Service Area or the
levy of an annual tax in the area, no such area may be created, or no such levy may be made
within the next two years.
Dated this ___day of _____, 2016
_________________________________
CITY CLERK
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
OB #1
Tracking Number
PW 2015-56
Maintenance of Stormwater Management Facilities
Public Works Committee – January 19, 2016
Bart Olson Administration
Name Department
Summary
Review of process for inspecting storm water basins and explanation of how this service
will benefit the City.
Preparation for Inspection
The first step is to identify the owner and maintainer of the basin. We can do this by
using the PIN number to identify owner of record. Once this is done, we will find out if the
owner is performing maintenance or if there is a person/company hired to be the maintainer.
Next, we will determine the following:
Is the basin an accepted or unaccepted improvement?
What type of basin is it?
Is there an approved landscape plan for this basin?
What is the approximate age of the basin?
All of these items will assist us in performing a complete inspection to gain the overall health
and functionality of the basin.
Inspection Sheet
Basin Location – Besides a physical address that we can input into our GIS system, I am
going to give each basin an identifiable tag for public works and engineering to use for
our annual inspection program. Example: Heartland Circles pond could be B-15. “B”
equals the quadrant and 15 would be the 15th pond in that basin.
Basin Type – simply categorizes the basins into 3 categories; dry, wet, or naturalized.
Owner and Maintainer information – this information will be used to communicate
with the proper individuals for any problems with the basin(s) and to send the inspection
reports.
Memorandum
To: Public Works Committee
From: Eric Dhuse, Director of Public Works
CC: Bart Olson, Administrator
Date: December 14, 2015
Subject: Storm Water Basins
Annual Inspection Items – these specific items will guide us in determining the
functionality of the basin and specify deficiencies that need to be remedied. In addition
to specific items, we will be able to determine the overall condition of the basin and the
condition of the landscaping or naturalized area. Specifically letters C, D, E, and F will
help us in determining the health and functionality of the landscape materials.
Post Inspection
All inspection sheets will be sent to the owner and maintainer for their use to remedy any
deficiencies and to have on file.
In addition to keeping a paper copy, we will be creating a database of basins that include any
deficiencies along with general notes. This database will be used to assist in generating the 5
year re-inspection and track the basin’s health and functionality over time.
Expectations, Remedies and Potential Action Items
In a perfect scenario, we would send out deficiency letters and they would all be addressed in a
reasonable time and achieve a satisfactory outcome. But, we all know that is not likely to
happen so we have to have a plan in place to ensure that our recommendations are being
followed and remedies to the deficiencies are being addressed properly and in a timely manner.
Expectations – Our expectations are that, the owner/maintainer will address any
deficiencies within a reasonable time frame. These time frames will vary greatly due to
the time of the year the inspection is performed and the scale of the deficiency that needs
to be repaired. For instance, if we perform our inspection now and we find that there is
some minor erosion near the outfall of a pond, we would have to take into consideration
that no work could be completed at this time. Therefore, we would most likely make the
deadline June 1, 2016. If we were to perform the inspection on April 15th of the coming
year, we would probably make the deadline the same date as the one we inspected in
December. If the repairs were much more in depth, such as elimination of weeds and re-
naturalizing the bank, we would most likely give them the entire growing season to
perform this work. When the work is completed to our satisfaction, it will be noted in
the file and rechecked during the 5th year re-inspection.
Remedies – Each remedy will be specific to a basin. Remedies will vary in scope, cost
and time frame for repair in each basin depending on the issue. We will be specific and
concise for each issue, stating clear direction for remedy with a reasonable time frame for
completion.
Potential Action Items – If there are cases where the owner/maintainer is unresponsive
to our request to remedy deficiencies in their basin, we have the following options to
ensure that the basin is brought into compliance.
1. We would be able to cite the owner/maintainer for violating the City’s approved
storm water management program plan or through the property maintenance
standards. Once they are cited, they realize that we are serious and the work gets
done in a timely manner, or we proceed with the administrative adjudication
process. The City Code identifies the following sections that we would use in
most cases
4-1-5 Nuisances and Offensive Conditions, Generally (weeds)
4-3-1 Junk, Trash and Refuse
8-17-9 through 8-17-13 Provisions regulating non-storm water discharges
and connections to the municipal separate storm sewer system
2. In cases where this approach is not effective in getting our desired results, we still
have the following recourse.
In areas developments where there is a dormant SSA, we can enact it to have
the funds to perform the required repair or maintenance. These areas would
most likely be developments that were annexed and constructed in the 2000’s.
This accounts for the largest percentage of our basins which I would estimate
at upwards of 75%-80%. Basins with no dormant SSA would be 15%-20%
and city owned basins would be approximately 5%. Of that 75-80%, that
does include developments that are not accepted.
In those areas that are not accepted, we can add it to the punch list if it is an
active development (ie- Windett Ridge water level issue).
In areas where there the basins are privately owned or have no dormant SSA,
the City can perform or contract out work that needs to be done and bill the
owner for said work following the guidelines set forth in Ord 2009-78 section
7-1 d.
I would ask that this be placed on the January 19th public works committee for discussion. If you
have questions or need further information, please let me know.
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Fox Rd
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Eldamain Rd
Walker Rd
Walker Rd
S t a g e c o a c h T r l
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E V e te r a n s P k w y
W Veterans Pkwy
POND LOCATIONS
DATE:
PROJECT NO.:
FILE:
BY:
SEPTEMBER 2015
YO1500
YO1500_PONDS.MXD
KKP
UNITED CITY OF YORKVILLE
KENDALL COUNTY,ILLINOIS
02,0004,000
Feet
Legend
Dry Pond
Wet Pond
Naturalized Pond
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700
www.eeiweb.com
PATH:H:\GIS|PUBLIC\YORKVILLE\2015\YO1500
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
NORTH
°
United City of Yorkville
Stormwater Management
Program Plan
Kendall County, Illinois
March 9, 2010
25
3.6A Measurable Goals
• Maintain records for number curb miles swept each year.
• Maintain records on amount of leaves collected each fall.
• Maintain records on amount of road salt used each winter.
• Maintain records for number of catch basins cleaned.
• Maintain records for amount of herbicides and pesticides used each year.
• Maintain records on type and number of training sessions and employees in
attendance.
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
OB #2
Tracking Number
PW 2015-78
Shared Services Intergovernmental Agreement Template
Public Works Committee – January 19, 2016
N / A
N / A
Informational Item
See attached memo.
Bart Olson Administration
Name Department
Summary
Review of the City’s proposed shared services intergovernmental agreement with Oswego and
Montgomery.
Background
Staff from the three communities met on January 12 to go over a number of items related to the
shared services study. Most of our efforts are being directed to the possible engagement with an upstart
IT consortium in the northern suburbs, joint bidding of garbage services, and the potential hiring of a
purchasing manager between the three communities.
At the meeting, the draft shared services intergovernmental agreement was presented and
reviewed. All three communities’ staff felt the open-ended nature of the agreement was the best way to
structure the agreement. Oswego and Montgomery indicated they would take the agreement to their
respective boards in the next several weeks.
Recommendation
This is an informational item.
Memorandum
To: Public Works Committee
From: Bart Olson, City Administrator
CC:
Date: January 14, 2016
Subject: Shared Services Intergovernmental Agreement
Page 1 of 8
AN INTERGOVERNMENTAL AGREEMENT FOR THE SHARING OF PUBLIC WORKS
SERVICES BETWEEN THE UNITED CITY OF YORKVILLE AND THE
VILLAGETHE VILLAGE OF ___________
THIS INTERGOVERNMENTAL AGREEMENT (“the “Agreement”) by and
between the Village of ________, Kendall County, Illinois (the “Village”) a municipal
corporation of the State of Illinois and the United City of Yorkville, Kendall County, Illinois (the
“City”) a municipal corporation of the State of Illinois, entered into this ____ day of
________________, 2016.
WITNESSETH:
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10,
provides that units of local government may contract or otherwise associate among themselves to
obtain or share services and to exercise, combine, or transfer any power or function in any
manner not prohibited by law or by ordinance and may use their credit, revenues, and other
resources to pay costs related to intergovernmental activities; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/5, (the “Act”) provides
that units of local government are authorized to perform any governmental service activity or
undertaking or to combine, transfer or exercise ay powers, functions, privileges, or authority
which any of the public agencies entering into the contract is authorized by law to perform
except where specifically and expressly prohibited by law; and,
WHEREAS, the City and the Village have reviewed the infrastructure and assets under
the maintenance responsibilities of the Public Works Department of the City and Village within
each of their respective jurisdictions and have determined that the citizens and taxpayers of the
City and the Village would be better served if certain maintenance of the iInfrastructure and
property owned or under the jurisdiction of the City and Village (“Municipal Property”)adjacent
Page 2 of 8
areas be performed by the Public Works Ddepartment that is best equipped or available to
perform certain tasks, thereby saving time and resources and permitting immediate attention to
the needed maintenance or repair; and,
WHEREAS, the essential goal of this Agreement is that the City and the Village
cooperate with each other for the sharing of services to roadways and Municipal
Propertyadjacent areas such as mowing, sweeping, snowplowing, jetting, leaf collection and
other maintenance tasks thereby reducing the time and cost associated with said services, all as
hereinafter set forth.
NOW, THEREFORE, in consideration of the the mutual proemises, obligations and
undertakings and the mutual covenants hereafter set forth, the parties agree as follows:
Section 1. The foregoing preambles are hereby incorporated into this Agreement as if
fully restated in this Section 1.
Section 2. The City hereby designates the Director of Public Works to coordinate
with the Village’s __________ designee, on an “as needed” basis, the service required to certain
infrastructure or Municipal Propertyassets such as mowing, snowplowing, jetting, leaf collection
or other maintenance and jointly determine whether the City’s public works employees or the
crew working under the Village is available or better able to provide the needed service.
The Village’s ___________ designee and the Director of Public Works shall provide
such needed services as agreed and advise each other of the date and time such services are to be
provided and when completed. In the event either the City or the Village are unable to assist at
any given time, all services to the roadway and Municipal Propertyadjacent area shall remainbe
the responsibility of the unit of government (City or Village) having jurisdiction over such
roadway and Municipal Property andadjacent area. In other words, this Agreement does not
Page 3 of 8
reduce, eliminate or transfer the responsibility of the City or the Village to repair and maintain
roadways and Municipal Propertyadjacent areas within their respective jurisdictions.
A monthly report shall be prepared by the Village and City and forwarded to the other of
the numbers of hours that employees of the Village or City worked within the other’s jurisdiction
and equipment and supplies that were used.
Section 3. The City shall not charge the Village any fee for any of the services
provided to areas outside its boundaries but within the boundaries of Village and theand the
Village shall not charge the City any fee any of the services provided by the Village within the
City’s boundaries.
Section 4. The City and the Village shall each defend, with counsel of the other
party’s own choosing, indemnify and hold harmless the other party, including past, present and
future board members, elected officials, insurers, employees, and agents from and against any
and all claims, liabilities, obligations, losses, penalties, fines, damages, and expenses and costs
relating thereto, including but not limited to attorneys’ fees and other legal expenses, which the
other party, its past, present and future board members, elected officials, insurers, employees,
and/or agents may hereafter sustain, incur or be required to pay relating to or arising in any
manner out of the services to be performed by the other party under this Agreement.
Section 5. Nothing in this Agreement shall be deemed to change or alter the
jurisdiction of either the City or VillageCounty in any respect, including, their respective powers
and duties.
Section 6. This Agreement and the rights of the parties hereunder may not be
assigned (except by operation of law), and the terms and conditions of this Agreement shall inure
Page 4 of 8
to the benefit of and be binding upon the respective successors and assigns of the units of
government as the parties hereto.
Section 7. This Agreement shall be interpreted and enforced under the laws of the
State of Illinois. Any legal proceeding related to enforcement of this Agreement shall be brought
in the Circuit Court of Kendall County, Illinois. In case any provision of this Agreement shall
be declared and/or found invalid, illegal or unenforceable by a court of competent jurisdiction,
such provision shall, to the extent possible, be modified by the court in such manner as to be
valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such
modification is not possible, such provision shall be severed from this Agreement, and in either
case the validity, legality, and enforceability of the remaining provisions of this Agreement shall
not in any way be affected or impaired thereby.
Section 8. All notices required or permitted hereunder shall be in writing and may be
given by (a) depositing the same in the United States mail, addressed to the party to be notified,
postage prepaid and certified with the return receipt requested, (b) delivering the same in person,
or (c) telecopying the same with electronic confirmation of receipt
If to the Village:
If to the City:
Director of Public Works
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
FAX: _____________
With a copy to : Kathleen Field Orr
Kathleen Field Orr & Associates
53 West Jackson Blvd., Suite 964
Chicago, Illinois 60604
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Or any such other person, counsel or address as any party hereto shall specify pursuant to this
Section from time to time.
Section 9. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original and both of which shall constitute one and the same Agreement.
Section 10. This Agreement represents the entire agreement between the parties and
there are no other promises or conditions in any other agreement whether oral or written. Except
as stated herein, this agreement supersedes any other prior written or oral agreements between
the parties and may not be further modified except in writing acknowledged by both parties.
Section 11. Nothing contained in this Agreement, nor any act of the Village or the
City pursuant to this Agreement, shall be deemed or construed by any of the parties hereto or by
third persons, to create any relationship of third party beneficiary, principal, agent, limited or
general partnership, joint venture, or any association or relationship involving Village and the
City. Further, nothing in this Agreement should be interpreted to give the Village or City any
control over the other’s employees or imply a power to direct the employees of the other
government body, which neither entity may exercise.
Section 12. When performing pursuant to the terms of this Agreement, the Village and
City intend that any injuries to their respective employees shall be covered and handled
exclusively by their jurisdiction’s own worker’s compensation insurance in place at the time of
such injury. It is further agreed that all employee benefits, wage and disability payments,
pension and worker’s compensation claims, damage to or destruction of equipment, facilities,
clothing and related medical expenses of the City or Village and their respective employees,
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which may result from their activities under this Agreement, shall be the responsibility of the
jurisdiction which employs the employee making such a claim.
Section 13. The Parties will obtain and continue in force, during the term of this
Agreement, all insurance as set forth below. Each insurance policy shall not be cancelled or
changed without thirty (30) days prior written notice, given by the respective insurance carrier(s)
to the VillageKendall County and the City at the address set forth herein. Before starting
inspections hereunder, tThe parties shall obtain the following insurance at a minimum: (a)
Worker’s Compensation and Occupational Disease Disability insurance, in compliance with the
laws of the jurisdiction where the work is being performed, (b) Employer’s comprehensive
general liability insurance for both personal injury and property damage in the minimum amount
of $1,000,000 for each accident, (c) Comprehensive business automobile liability insurance in
the minimum amount of $1,000,000 combined single limit, (d) Comprehensive excess liability
insurance with a combined minimum single limit of $1,000,000 for each occurrence, with a
minimum $1,000,000 aggregate. Certificates of such insurance detailing the coverage therein
shall be available to the other party upon execution of this Agreement. Neither party waives its
immunities or defenses, whether statutory nor common law by reason of the indemnification and
insurance provisions contained in this Agreement.
Section 14. This Agreement shall be in full force and effect for a period of three (3)
years from the date of the last signature below, and may be renewed upon agreement of the
parties in writing; provided however, either party may terminate this Agreement by providing
thirty (30) calendar days’ advance written notice to the other party.
Section 15. This Agreement may be amended only with written consent of bothall
parties hereto.
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Section 16. The Village and the City each hereby warrant and represent that their
respective signatures set forth below have been, and are on the date of this Agreement, duly
authorized by all necessary and appropriate corporate and/or governmental action to execute this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers on the above date at Yorkville, Illinois.
United City of Yorkville, Kendall County,
Illinois, a municipal corporation
By: __________________________________
Mayor
Attest:
_______________________________
City Clerk
By: ___________________________________
Village President
Village of ____________, Kendall County,
Illinois, a municipal corporation
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
OB #3
Tracking Number
PW 2015-45
E-Waste Recycling
Public Works Committee – January 19, 2016
An update will be given at the meeting.
Bart Olson Administration
Name Department