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TO: Mayor Thomas J. Weisner
FROM: Daryl Devick, CIP Manager
DATE: November 3, 2016
SUBJECT:
A Resolution authorizing the execution of real estate contracts to purchase properties and to Appropriate Motor Fuel Tax Funds required for the Farnsworth Avenue Bridge Reconstruction Project, Mountain Street to Sheffer Road (Section 13-00302-00-BR).
PURPOSE:
To authorize the purchase of right-of-way for the Farnsworth Avenue Bridge Reconstruction Project.
BACKGROUND:
This project will improve Farnsworth Avenue from Sheffer Road to Mountain Street including the installation of new water main, storm sewer, replacement of the triple culverts at Indian Creek with a new pre-cast deck beam bridge, raising of the street profile to alleviate flooding, roadway reconstruction and resurfacing, and shared use path. Phase I & II Engineering began in December, 2013 and has now been completed. The design requires the acquisition of additional right-of-way.
DISCUSSION:
In order to accommodate the shared use path, widening of the bridge deck, and water main installation, acquisitions affecting seventeen (17) parcels will be required. The City Engineer and Corporation Counsel shall represent the City in the acquisition of these parcels. The 2016 City Budget provides sufficient funds for this item in Account Number 203-4460-431-76.35 (Motor Fuel Tax Funds).
IMPACT STATEMENT:
None.
RECOMMENDATIONS:
Please forward this resolution to the Finance Committee for their review and recommendation.
cc: Alderman O’Connor, Chairman
Alderman Mervine
Alderman Bohman
Alderman Mesiacos, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing the execution of real estate contracts to purchase properties and to Appropriate Motor Fuel Tax Funds required for the Farnsworth Avenue Bridge Reconstruction Project, Mountain Street to Sheffer Road (Section 13-00302-00-BR).
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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, the City Council has previously authorized the acquisition of parcels of real estate necessary for the Farnsworth Avenue Bridge Reconstruction Project by R14-004 Passed January 28, 2014 and R16-282 Passed on September 13, 2016; and
WHEREAS, the City of Aurora through the Public Works Department has identified seventeen (17) separate parcels that will need to be acquired for the Project; and
WHEREAS, the City has obtained separate appraisals for each identified parcel to be acquired; and
WHEREAS, offers to purchase have been made to all owners of the individual parcels to acquire the parcels required for the Project at the appraised values; and
WHEREAS, the City has received acceptances from various owners to the offers made by the City and Contracts to Purchase said properties have been executed by said owners; and
WHEREAS, it is contemplated that the City will receive further acceptance of its offers to purchase parcels; and
WHEREAS, it may be necessary to negotiate with various parcel owners regarding price to be paid to acquire various parcels, moving and replacement of fences, sheds and other items located on or near said parcels, and replacement of tree and shrubs on or near said parcels; and
WHEREAS, in order to acquire said parcels and negotiate and enter into contracts with the owners thereof, the City Council deems that it is in the best of the City that the City acquire said parcels pursuant to the terms of this Resolution; and
WHEREAS, the 2016 City Budget provides sufficient funds for this item in Account Number 203-4460-431.76-35 (Motor Fuel Tax Funds).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the City Engineer and Corporation Counsel shall represent the City in the acquisition of the parcels required for the Project and that they may enter into contracts and acquire said parcels in an amount not to exceed $100,000.
BE IT FURTHER RESOLVED that the City Engineer and Corporation Counsel may negotiate and contract with the owners of said parcels to pay for moving and replacement of fences, sheds or other items on said parcels,
BE IT FURTHER RESOLVED that City Engineer and Corporation Counsel may act for and on behalf of the City of Aurora to do all things necessary to acquire said parcels within the cost as provided herein.
BE IT FURTHER RESOLVED there is a need to appropriate Motor Fuel Tax funds in the amount of $100,000, a copy of which resolution is attached hereto and incorporated herein as Exhibit 'A'.
BE IT FURTHER RESOLVED that since this Resolution concerns the acquisition of Real Estate, this Resolution and the minutes of the Executive Session concerning this Resolution shall remain closed and not subject to the Freedom of Information Act until all parcels of real estate required for the Project have been acquired.