93-291 Resolution No. 93-291
RESOLUTION
ADOPTING A POLICY FOR IMPROVEMENT OF PUBLIC RIGHTS OF WAY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby adopts a Policy for the Improvement
of Unimproved Public Rights of Way dated November 18, 1993 as
the City of Elgin's policy for the improvement of existing
unimproved streets, a copy of which is attached.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: November 17, 1993
Adopted: November 17, 1993
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Policy for the Improvement
of
Unimproved Public Rights-of-Way
November 18, 1993
Whereas it is the desire of the City Council of Elgin to
facilitate the improvement, to City of Elgin standards, of
existing unimproved streets and alleys (ways) within the
City. Existing unimproved ways not only require routine
maintenance efforts substantially greater than that required
for improved ways, but also unimproved ways are frequently
functionally deficient and present hazards to vehicular and
pedestrian traffic.
Whereas it is the current policy of the City Council of Elgin
to accomplish the construction of unimproved ways by means of
Special Assessments. However, it may not always be cost
effective or expedient to utilize the Special Assessment
process to accomplish the improvements to unimproved ways.
Therefore, the City Council of the City of Elgin has adopted
an Agreement in Lieu of Special Assessment by which unimproved
ways may be constructed to City of Elgin standards at a cost
anticipated to be less than the cost of improvements by
Special Assessment.
In order to initiate an Agreement in Lieu of Special
Assessment, a petition or writing shall be received by the
City Engineer from all abutting owners of record fronting
and/or adjoining the way to be improved. The salient terms of
the Agreement will be as follows:
1. The City shall provide an estimate of cost for the
improvement which will result in the improvement meeting
City standards.
2. The City shall assume 50 percent of the final project cost
there of, subject to the following:
a. the City will assume 100 percent of that portion of the
street construction in excess of 28 feet in width; and
b. the City will assume 100 percent of that portion of
related storm drainage costs that exceeds 27 inches in
diameter.
3. The City shall assume 100 percent of all upgrading and
repairs to existing water mains and sanitary sewers.
4. Any rights-of-way or easements required for the street
improvement will be dedicated to the City at no charge to
the City.
5. In the event all abutting owners fail or refuse to enter
into an Agreement, the City may reject all Agreements and
abandon the improvement.
6 . Abutting owners shall pay their share of the costs for the
improvement, either:
a. in full within 60 days of the execution of the
Agreement, or;
b. in ten annual installments at an interest rate
established by City Council.
7 . At the completion of the improvement, the abutting owner's
cost may be adjusted based upon the actual cost of the
improvement as certified by the City Engineer.
The following streets or rights-of-way will not be eligible for
City participation under this policy:
1. Rights-of-way dedicated after the date of adoption of this
Policy.
2. Unconstructed "paper street" rights-of-way.
3. Private streets not dedicated to the public.
After a street improvement which resulted in the street meeting
City standards, the street will be maintained and repaired by
the City at the sole expense of the City.
Upon execution of the Agreement it will be recorded with the
Kane/Cook County Recorder of Deeds as a lien agreement as
security for payment of the abutting owners share of the
improvement.
�n
°Ff�� Agenda Item No. 1:2)
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October 6, 1993
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Acting City Manager
SUBJECT: . Consideration of a Street Improvement Policy
in Lieu of Special Assessment
PURPOSE: To provide information for consideration of adopting
an Agreement format instead of initiating a Special Assessment
for small scale street improvements.
BACKGROUND: The City of Elgin has considerable milage of
unimproved streets. These are streets that have never been
constructed to City standards and are structurally substandard
and are often functionally substandard.
Although receiving routine maintenance by the City, these _
• unimproved streets -- usually with seal coated surfaces, no
curbs, gutters, sidewalks and substandard drainage -- do not
qualify for City of Elgin street improvements.
The practice of the City has been to initiate Special
Assessments for the construction of these unimproved streets.
Special Assessment #2 is currently under construction in the
south-west area of the City, a substantial contiguous area of
unimproved streets.
From time-to-time, during the implementation of our annual
Street Repair Program, we encounter isolated blocks of unim-
proved streets. For example, in our proposed 1994 Street
Repair Program Oakley Avenue from Wing Park Boulevard to
McClure Avenue is programmed for repairs. However, the one
block of Oakley from Wing Park Boulevard to Hubbard Avenue is
unimproved and would need to be excluded from the repair
project under current policy.
To initiate a Special Assessment for the improvement of
this one block would not be as cost effective as developing a
mechanism by which this block can be improved as part of the
annual Street Repair Program next year.
Attachment A provides a draught of a Street Improvement
Policy, while Attachment B provides a draught of an Agreement
in Lieu of Special Assessment.
Both documents will require review before finalization by
. Corporation Counsel.
FINANCIAL IMPACT: None at this time.
RECOMMENDATION: Consideration of the draught Street Improve-
ment Policy and Agreement in Lieu of Special Assessment.
Robe O: alm, Acting City Manager
ROM:JLK:mg
Attachments
MDM0149/TEXT071/MEMOTOCN.0
•
•
Policy for the Improvement
of
Unimproved Public Rights-of-Way
Whereas it is the desire of the City Council of Elgin to facil-
itate the improvement, to City of Elgin standards, of existing
unimproved streets and alleys (ways) within the City. Exist-
ing unimproved ways not only require routine maintenance ef-
forts substantially greater than that required for improved
ways, but also unimproved ways are frequently functionally
deficient and present hazards to vehicular and pedestrian
traffic.
Whereas it is the current policy of the City Council of Elgin
to accomplish the construction of unimproved ways by means of
Special Assessments. However, it may not always be cost effec-
tive or expedient to utilize the Special Assessment process to
accomplish the improvements to unimproved ways.
Therefore, the City Council of the City of Elgin has adopted
an Agreement in Lieu of Special Assessment by which unimproved
ways may be constructed to City of Elgin standards at a cost
anticipated to be less than the cost of improvements by Spe-
cial Assessment.
In order to initiate an Agreement in Lieu of Special Assess-
ment, a petition or writing shall be received by the City
Engineer from all abutting owners of record fronting and/or
adjoining the way to be improved. The salient terms of the
Agreement will be as follows:
1. The City shall provide an estimate of cost. for the im-
provement which will result in the improvement meeting
City standards. -
2. The City shall assume 50 percent of the final project
cost there of, subject to the following:
a. the City will assume 100 percent of that portion of
the street construction in excess of 28 feet in width;
and
b. the City will assume 100 percent of that portion of
related storm drainage costs that exceeds 27 inches in
diameter.
3. The City shall assume 100 percent of all upgrading and
repairs to existing water mains and sanitary sewers.
4. Any rights-of-way or easements required for the street
improvement will be dedicated to the City at no charge to
the City.
•
Policy for the Improvement
of
Unimproved Public Rights-of-Way Page 2
•
5. In the event all abutting owners fail or refuse to enter
into an Agreement, the City may reject all Agreements and
abandon the improvement.
6. Abutting owners shall pay their share of the costs for
the improvement, either:
a. in full within 60 days of the execution of the Agree-
ment, or;
b. in ten annual installments at an interest rate estab-
lished by City Council.
7. At the completion of the improvement, the abutting own-
er's cost may be adjusted based upon the actual cost of
the improvement as certified by the City Engineer.
The following streets or rights-of-way will not be eligible
for City participation under this policy:
1. Rights-of-way dedicated after the date of adoption of
this Policy.
2. Unconstructed "paper street" rights-of-way.
3. Private streets not dedicated to the public.
After a street improvement which resulted in the street meet-
ing City standards, the street will be maintained and repaired
by the City at the sole expense of the City.
Upon execution of the Agreement it will be recorded with the
Kane/Cook County Recorder of Deeds as a lien agreement as
security for payment of the abutting owners share of the im-
provement.
JLK:pn
MDM0005/ENG.PAM/INTROFF.0