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TO: Mayor Richard C. Irvin
FROM: Jason Bauer, P.E. : Assist. Dir. Public Works - Assist. City Engineer
DATE: September 23rd, 2019
SUBJECT:
A Resolution for Acceptance of Improvements, Maintenance Security and contingency for removal of the existing stock pile for M14- Hoops Facility - COA Case No. 16.011
PURPOSE:
To accept the Public Improvements, Maintenance Security and contingency for removal of the existing stockpile for M14- Hoops Facility.
BACKGROUND:
This development has completed most of the installations, inspections and submissions of the public improvements and is eligible to be recommended for final acceptance of those improvements with the following special conditions which the developer has agreed to and that are listed below in the discussion:
DISCUSSION:
The developer has asked for additional time during the first 6 months of the required 1 year maintenance period to remove the onsite, stockpile that is to be removed per the approved engineering for the site. The existing Subdivision Control Ordinance requires that upon the acceptance of the improvements by City Council, the developer must post a security for the required one year maintenance period. This security is intended to be a warranty for all public improvements associated with the development. It will also be required that the maintenance security be available to the City for the removal of said existing stockpile if it is not removed and properly graded and restored by the developer within the first 6 months of the maintenance period as established by the passage date of this resolution.
IMPACT STATEMENT:
This action may add new public infrastructure /utilities to various divisions for maintenance, including streets, water, storm, sanitary, electrical, storm water management, fiber optic..
RECOMMENDATIONS:
Approve the acceptance of improvements, Maintenance Security and contingency for removal of the existing stock pile for M14- Hoops Facility.
cc: Building, Grounds and Infrastructure Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing the acceptance of the required improvements at the M14-Hoops Facility - 2414 Church Rd.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Article V of Section 43 of the City Code of the City of Aurora provides that no subdivision of land shall be approved without the subdivider first submitting a statement signed by the City Engineer certifying that the improvements described in the plans and specifications, and other agreements, comply with the minimum requirements of the City Code; and
WHEREAS, the City Engineer, through the Engineering Division of the Public Works Department, has inspected the premises of 2414 Church Rd (hereinafter the M14-Hoops Facility) and determined that the required improvements thereon substantially conform with the approved plans for the site and with the minimum requirements of the City Code; and
WHEREAS, notwithstanding the foregoing, there remains upon the premises a soil stockpile that its owner is obligated to remove and properly regrade and restore the land upon which the stockpile sits; and
WHEREAS, the Section 43-55(b) of the City code requires that the owner post cash and securities in the amount of twenty (20) percent of the total cost of the required improvements to remain in effect for a one (1) year period after the approval of their acceptance by the City; and
WHEREAS, the owner has agreed to post a maintenance security in the amount of $76,32 to guarantee removal of the stockpile within six (6) months of the approval of this resolution, and as required by Section 43-55(b); and
WHEREAS, the City Engineer recommends acceptance of the improvements at the M14-Hoops Facility upon the posting this maintenance security to ensure the timely removal of the soil stockpile from the premises and secure all other public improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the required improvements upon the premises at 2414 Church Rd. shall be and hereby accepted upon the posting of the maintenance security in the amount of $76,132 to guarantee said improvements and the removal of the soil stockpile located thereon within six (6) months of the approval of this resolution; and further
BE IT RESOLVED, that the City Engineer is authorized to draw against the maintenance security such funds necessary to effect the removal the soil stockpile and to regrade and restore the land located under the stockpile if said stockpile is not removed within six (6) months of the approval of this resolution.