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TO: Mayor Thomas J. Weisner
FROM: Dan Feltman, P.E., Engineering Division - New Development Coordinator
DATE: June 8, 2016
SUBJECT:
Resolution authorizing the Mayor to execute a roadway construction and financing agreement with Five H, LLC for the extension of Eola Road to U.S. Rte. 30.
PURPOSE:
To obtain authorization to execute an agreement with Five H, LLC for roadway construction and financing for the Eola Road Extension to U.S. Rte. 30.
BACKGROUND:
The property known as Lincoln Prairie was annexed to the City of Aurora by ordinance O02-160, dated December 10, 2002 and the City of Aurora and Five H, LLC. entered into an annexation agreement for said property. In the annexation agreement (Section E.2.a) a "Heggs/Eola Road/Wikaduke Trail" set forth the respective obligations of the City and Five H, LLC. for Heggs/Eola Road/Wikaduke Trail and U.S. Rte. 30 roadway improvements, rights of way dedication and cost sharing.
The City and Five H, LLC acknowledge that the annexation agreement previously approved that in the future, this 3-lane roadway extension of Eola Road to U.S. Rte. 30 shall become a 5-lane roadway section which shall include, but not be limited to, curb and gutter, street lights in the median, storm sewer, sidewalk and a multi-use path. These improvements shall be installed in the future by the future developers of the property abutting this roadway extension.
DISCUSSION:
IDOT has funding available for the intersection improvements at the existing intersection of Heggs Road and U.S. Rte. 30. IDOT has indicated a willingness to reallocate those funds to the proposed intersection of Eola Road and U.S. Rte. 30, which is approximately $1,400,000.
A 3-lane roadway section, one-lane of traffic in each direction with a raised, grass median, is to be constructed by the City, to connect and re-align Eola Road to U.S. Rte. 30 with a signalized intersection at the connection point. This will close off vehicular traffic from the remainder of Heggs Road and eliminate the north leg of the Heggs Road/U.S. Rte. 30 intersection as depicted in Exhibit A.
Five H, LLC agrees to dedicate 100 ft. of Right of Way with a 120 ft. flare at U.S. Rte. 30 for the construction of the Eola Road Extension and a 60 ft. dedication from the centerline of U.S. Rte. 30, which is an obligation of the annexation agreement.
Upon receipt of State funds after execution of an agreement with IDOT for funding, the City agrees to construct the roadway project within the Right of Way dedicated by Five H, LLC. The City will prepare the plats of dedication for the rights of way to be dedicated by Five H, LLC.
IDOT funding is not sufficient to construct the entire 3-lane roadway project and the City will pay for the remaining costs. Five H, LLC agrees that upon completion of the 3-lane roadway section, the City's 40% cost obligation for a 5-lane roadway section for the Eola Road extension will be considered completely fulfilled.
Should IDOT funding not become available, there shall be no obligation to complete the roadway project but the roadway improvements per the annexation agreement will remain in effect.
The construction of the Eola Road Extension is anticipated to be budgeted in CIP GB066 for 2017.
IMPACT STATEMENT:
No impacts.
RECOMMENDATIONS:
Please forward this resolution to the Finance Committee for their review and recommendation for approval.
cc: Alderman O’Connor, Chairman
Alderman Mervine
Alderman Bohman
Alderman Mesiacos, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Authorizing a Roadway Construction and Financing Agreement with Five H, LLC for the Extension of Eola Road to U.S. Rte. 30.
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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 property known as Lincoln Prairie was annexed to the City of Aurora by ordinance O02-161, dated December 10, 2002, and the City of Aurora and Five H, LLC. entered into an Annexation Agreement for said property, recorded as Document No. R2003-012826. In said Annexation Agreement, the cost obligations and ROW dedication for the construction of a Heggs/Eola Road/Wikaduke Trail were established; and
WHEREAS, the Illinois Department of Transportation (IDOT) now has funding available to make intersection improvements at the existing intersection of Heggs Road and U.S. Rte. 30, which the City's long term plan is to abandon said intersection upon extension of Eola Rd to Rte. 30; and
WHEREAS, the City desires for public safety purposes, to immediately have a 3-Lane Roadway Section constructed to U.S. Rte. 30 with a signalized intersection at that connecting point and to close off vehicle traffic from the remainder of Heggs Road at U.S. Rte. 30 as depicted in Exhibit A. IDOT has indicated a willingness to reallocate those funds to the proposed intersection of Eola Road Extension and U.S Rte. 30; and
WHEREAS, the City therefore wishes to enter into a Roadway Construction and Financing Agreement for the Eola Road Extension attached hereto and incorporated herein as Exhibit B; and
WHEREAS, the City and Five H, LLC. acknowledge that the Annexation Agreement previously approved between the City and Five H, LLC. provides that, in the future, this 3-Lane Roadway Extension of Eola Road to U.S. Rte. 30 shall become a 5-Lane Roadway Section which shall include curb and gutter, street lights in the median, storm sewer, sidewalk and a multi-use path, which shall be installed in the future by yet unknown developers fully in accord with the provisions of the Annexation Agreement; and
WHEREAS, it is acknowledged that the current IDOT funding is not sufficient to construct the entire 3-Lane Roadway Section Project, therefore, the City agrees to pay for the remaining costs of the 3-Lane Roadway Section Project and Five H, LLC. agrees that upon completion of the 3-Lane Roadway Section Project, the City's 40% cost obligation for a full 5-Lane Roadway Section for Eola Road per the Annexation Agreement will be completely fulfilled; and
WHEREAS, if a funding agreement between IDOT and the City is not executed or should the IDOT funding source otherwise not be available, the City shall have no obligation to complete the 3-Lane Roadway Section Project and all roadway improvements as provided in the Annexation Agreement will remain in effect for both the City and Five H, LLC.; and
WHEREAS, the construction of the Eola Road Extension is anticipated to be budgeted in CIP GB066 for 2017.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Mayor is hereby authorized to execute the Roadway Construction and Financing Agreement with Five H, LLC., a copy of which is attached hereto as Exhibit B and made a part hereof.