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TO: Mayor Richard C. Irvin
FROM: Tim Weidner, P.E., Engineering Coordinator
DATE: October 29, 2020
SUBJECT:
A Resolution authorizing the execution of real estate contracts to purchase properties and to Appropriate Motor Fuel Tax Funds required for the East New York Street - Segment III (Farnsworth Avenue to Welsh Drive) Project, Section 14-00210-02-PV, in the amount of $21,500.00.
PURPOSE:
To authorize the purchase of right-of-way for the East New York Street - Segment III (Farnsworth Avenue to Welsh Drive) Project.
BACKGROUND:
The City has been awarded federal Surface Transportation Program (STP) funding in the maximum allowable amount of $2.5 million through the Kane Kendall Council of Mayors (KKCOM) for the East New York Street - Segment III (Farnsworth Avenue to Welsh Drive) project. The City also been awarded $428,680 of Congestion Mitigation and Air Quality (CMAQ) funding for the construction of a bike path on this portion of E New York Street. In the fall of 2019, the City was awarded an additional $3,125,600 of federal funding for construction through the STP - Shared Fund, a new program implemented by the Chicago Metropolitan Agency for Planning (CMAP).
The City continues to work with their consultant, HR Green, on design plans under an agreement approved in 2014. The plans are 99% complete and were submitted to the Illinois Department of Transportation (IDOT) earlier this year. The project is targeting a January 15, 2021 IDOT letting, subject to the land acquisition process.
During design, it was determined that twenty (20) parcels required additional right-of-way, permanent easement and/or temporary easements to construct the improvements. The current number of parcels needed for acquisition is now sixteen (16). The plat of highways were approved by IDOT on January 23, 2019. In March 2019 the City approved an agreement with Civiltech Engineering, Inc. to provide appraisal and review appraisal services (R19-106). In July 2020 the City approved an agreement with Santacruz Land Acquisitions to provide negotiation services (R19-236). The overall plat of highway map is provided as ‘Exhibit B'.
DISCUSSION:
This resolution will provide authorization to proceed with the acquisition of temporary and permanent easements and Right of Way. The Corporation Counsel, City Engineer and respective designees shall represent the City in the acquisition of these parcels.
Earlier this year, the City authorized execution of real estate contracts to purchase properties and to Appropriate Motor Fuel Tax Funds for 15 of the 16 properties (R20-025 & R20-167). Now the City has received acceptance from the final owner (Parcel 0008) to the offer made by the City and Contracts to Purchase said property are in the process of being executed.
IDOT requires a Resolution to Appropriate the MFT funds prior to their expenditure for approved projects. The Resolution for Improvement - BLR 09110 (Exhibit ‘A’) appropriating MFT funds in the amount of $21,500.00 is attached. The 2020 City Budget provides sufficient funds for this item in Account 203-4460-431.79-59 (Motor Fuel Tax Fund).
IMPACT STATEMENT:
No impact.
RECOMMENDATIONS:
Please forward this resolution to the Finance Committee for their review and recommendation for approval.
cc: Finance Committee
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 East New York Street - Segment III (Farnsworth Avenue to Welsh Drive) Project, Section 14-00210-02-PV, in the amount of $21,500.00.
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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 of Aurora through the Public Works Department has identified sixteen (16) 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 or are in the process of being executed by said owners; 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, there is a need to appropriate Motor Fuel Tax funds in the amount of $21,500.00, a copy of which resolution is attached hereto and incorporated herein as Exhibit 'A'; and
WHEREAS, the 2020 City Budget provides sufficient funds for this item in Account Number 203-4460-431.79-59 (Motor Fuel Tax Funds).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Corporation Counsel, the City Engineer and their respective designees are hereby authorized and directed to make the appropriate offer to acquire properties described in Exhibit 'B' Plat of Highways, which is exhibit is make a part hereof; and further
BE IT RESOLVED, that the Corporation Counsel, the City Engineer and their respective designees 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 $21,500.00; and further.
BE IT RESOLVED that the Corporation Counsel, the City Engineer and their respective designees 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; and further
BE IT RESOLVED that the Corporation Counsel, the City Engineer and their respective designees 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; and further
BE IT RESOLVED, the appropriation of Motor Fuel Tax funds in the amount of $21,500.00 for the purpose herein described and as more fully set forth in Exhibit 'A' shall be and hereby is approved.