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S-945 - 06/08/1999 - STREETS - Ordinances ORDINANCE 1999-ST-JT-S-945 AN ORDINANCE DELETING A PORTION OF 22ND STREET FROM THE MUNICIPAL STREET SYSTEM OF THE VILLAGE OF OAK BROOK,ILLINOIS WHEREAS,the Village of Oak Brook,a municipal corporation ("Village")in the State of Illinois ("State"), approved a"Local Agency State Agreement For Jurisdictional Transfer("Agreement")on June 8, 1999,for transfer of jurisdiction of a portion of 22nd Street to the State highway system;and WHEREAS,the Village and the State have agreed that the jurisdictional transfer should occur no sooner than July 1, 1999; WHEREAS,as part of the agreement between the parties,the Village has agreed to maintain the portion of 22nd Street described below for the period April 1 through October 31; NOW,THEREFORE,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That that portion of 22n4 Street from the east edge of pavement of Illinois Route 83 to the west edge of pavement at Clearwater Drive is deleted from the municipal street system effective twenty-one(21)calendar days after execution of the Agreement by the State but not before the State accepts the 22nd Street/York Road improvements; Section 2: That the Village of Oak Brook shall maintain the above described portion of 22nd Street for the period April 1 through October 31 per the agreement. Section 3: That the Village Clerk is authorized and directed to forward a certified copy of this ordinance to the State of Illinois through its District Engineer's office at 201 West Center Court, Schaumburg, Illinois. Section 3: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 8th day of June, 1999. Ayes: Trustees Butler, Caleel, Craig, Kenny. McInerney and Savino Nays: None Absent: Non Abstain: None APPROVED THIS 8th day of June, 1999. Village President Ordinance 1999-ST-JT-S-945 Deleting A Certain Portion Of 22nd Street From The Municipal Street System, Page 2 Cz `'UUt1 Ap as to Form: Village Attorney Published Date Paper Not Published XX I I i Oak Brook/22nd Street DuPage County SUPPLEMENT A IT IS MUTUALLY A F.ED: 1. Supplement B,paragraph seven is revised to read as follows: The Corporation agrees that it will not terminate this agreement once it is executed. However, the Department may at its discretion release the Corporation from the agreement after 90 days written notice of intent from the Department. 2. STATE will maintain the traffic signals along 22nd Street within the limits of the jurisdiction transfer. Maintenance and energy costs associated with these traffic signals will be divided per current STATE policy. The Village of Oak Brook will either gain the approval of the private sector for its financial responsibilities or will be responsible for the private sector's portion of the costs. The breakdown of these costs is as follows: LOCATION MAINTENANCE ENERGY COSTS COSTS Oak Brook Shopping Center West 100%Local 100% Local Oak Brook Shopping Center East 100%Local 100% Local Spring Road 50% State 100% Local 50% Local McDonalds Drive 50% State 100% Local 50%Local Jorie Boulevard/Enterprise 50% State 100% Local 50%Local The Department of Transportation retains the right to control the sequence and timing of the traffic signals. 3. It is further agreed that the signals shall be maintained to at least a Level of Maintenance II as specified in the attached Exhibit"A"made a part hereof. 4. The parties hereto agree that the traffic signal maintenance and energy provisions of this Agreement shall remain in effect for a period of twenty (20)years from the date of its execution or so long as the traffic signals covered by the terms of this Agreement or any Amendment hereto remain in place either in their current or some modified configuration, whichever is the shorter period of time. Such an effective term shall apply unless otherwise agreed in writing by the parties hereto. 1 Oak Brook/22nd Street DuPage County 5. Maintenance shall be performed by the Department of Transportation through its Electrical Maintenance Contractor and the VILLAGE shall be billed on a quarterly basis by the Department of Transportation for the total reimbursement of scheduled and non-scheduled maintenance expenses. Upon receipt of an invoice for traffic signal maintenance,the VILLAGE shall make payable a certified check in the total of the invoice to the Treasurer, State of Illinois and submit to the Department of Transportation, 201 West Center Court, Schaumburg, Illinois, 60196. sAgen\wp2\813spt Ldoc 2 EXHIBIT A TRAFFIC SIGNAL MAINTENANCE PROVISIONS LEVEL II The maintaining agency agrees to: 1. Patrol the traffic control signal system a minimum of once every two (2) weeks and replace burned out lamps or damaged sockets as may be required. The reflector and lens should be cleaned each time a lamp is replaced. 2. Keep signal posts, controller pedestals, and foundations in alignment at all times. 3. Keep signal posts and controller pedestals tight on foundation. 4. Keep signal heads and controller cabinets tight on their pedestals and properly adjusted. 5. Keep detector equipment in proper working order at all times. 6. Check the controllers, relays, and detectors at least once every month to ascertain that they are functioning properly and make all necessary repairs and replacements. 7. Furnish and install temporary controller whenever necessary. 8. Keep interior of controller cabinets in a neat condition at all .;t.imes. 9. Remove to clean and overhaul the controllers, relays, special auxiliary control equipment, and time clock once a year or more often if necessary. A record tag shall be attached to each controller on which the date of over- haul or other service work shall be indicated. 10. Replace burned out fuses. 11. Clean reflectors, lenses, and lamps once every six (6) months. 12. Repaint all signal components exposed to weather at least once every two (2) years. 13. Group relamp traffic signal heads at the expiration of the average rated lamp life. 14. Repair or replace any and all equipment damaged by any cause whatsoever. 15. Be responsible to make recovery for damage to any part of the installation or systems from the party causing the damage. 16. Place a stop sign on each approach to the intersection as a temporary means of regulating traffic whenever repairs at a signalized intersection require that the controller be disconnected. 17. Respond to emergency calls from authorized parties twenty-four (24) .hours a day, including Saturdays, Sundays, and holidays. Controller failure, lights out, knockdowns, or two (2) red lights out at an intersection are considered emergencies. 18. Provide the DEPARTMENT the name, address, and telephone number of at least two persons who will be available for emergency repair of the traffic signals and keep the DEPARTMENT informed of any changes of same. SUPPLEMENT B Illinois Department Irr ;Agreement for Maintenance of Transportation 15 `Lg t f Municipal Streets �ab �ftoo�c THIS A GREEMENT,made and entered by and between the S f�lliaals:a _ afl$i16fJanex epartment of Transportation,hereinafter referred to as the"Department"and the Village of Oak Brook a municipal corpoorganiz ng unde r and by virtue of the laws of the State of Illinois,hereinafter referred to as the"Corporation." WITNESSETH,that for and in consideration of the covenants hereinafter mentioned,the Corporation agrees to operate and maintain in a manner satisfactory to the Department,portions of certain streets being used as extensions or parts of State highways tying within the boundaries of the Corporation beginning July 1,1999. This agreement may be extended by the Department in 7-month increments until June 30,2005 unless terminated. Such extension shall be accomplished by a letter from the Department to the Corporation. The Corporation agrees to operate and maintain the streets covered by this agreement in the best interests of the people of the State of Illinois. The portions of streets to be maintained are described on the Computation Sheet attached hereto and made a part hereof. The obligations of the Department under this agreement are subject to termination and cancellation in any year for which the General Assembly of the State of Illinois fails to make an adequate appropriation or reappropriation to pay such obligations. The Department reserves the right to amend this agreement at the time of extension by the addition or deduction of lane miles of streets to be maintained. Such addendum must be approved and signed by both parties. The Corporation agrees that it will not terminate this agreement nor refuse to enter into subsequent agreements without giving the Department written notice at least 90 days prior to such termination. If the Corporation gives the Department written notice of intent to enter into no future agreement,the current agreement will remain in force for 90 days from the receipt of such notice. The Department may,at its discretion,release the corporation from the agreement before the expiration of the 90 days required by the above stipulation. It is further understood and agreed that the Department,at its discretion,has the right to terminate this agreement by giving written notice to the Corporation at least 90 days prior to such termination. To operate and maintain includes but is not limited to all routine surface and pothole repairs,temporary full-depth patches,expansion bump removal on bituminous surfaces,crack and joint sealing,cleaning and litter pickup,snow and ice control and all other routine operational services. Median maintenance,when applicable,shall consist of sweeping,litter pickup,mowing and routine surface repairs. The Corporation agrees to permit no cuts or openings in the curbs or pavements of the streets covered by this agreement without the written approval of the Department. Pavement cuts,curb openings,utility frames and municipal frames and grates or covers disturbed by settlement,construction or repair under permit are to be restored,repaired,adjusted and maintained by the utility owner or permit holder to the satisfaction of the Department at no expense to the State. The Corporation agrees that,except in extreme emergencies,'d will not undertake or authorize repairs not covered by this agreement,at the expense of the State,without securing the approval of the Department. In consideration of the satisfactory maintenance and operation of streets covered by this agreement,the Department will pay the Corporation $9,186.00,nine thousand,one hundred and eighty-six dollars,for the first seven month period covered by the agreement,payable as described below. The rate of compensation will be adjusted annually at the time of renewal to reflect changes in miles maintained and costs. The cost adjustment factor used to determine the rates of compensation will be the percent change of the Construction Cost Index published in the Engineering News Record for the preceding calendar year. On or about March 31,June 30,September 30 and December 31 of each year,subject to an inspection by the Department,the Department will authorize the Corporation to invoice the Department in an amount equal to approximately one-fourth of the total annual allowance stated above. CORPORATION CERTIFICATIONS RETENTION OF RECORDS The Corporation shall maintain,for a minimum of 5 years after the completion of the agreement,adequate books,records and supporting documents to verify the amounts,recipients and uses of all disbursements of funds passing in conjunction with the agreement;the agreement and all books,records and supporting documents related to the agreement shall be available for review and audit by the Auditor General;and the Corporation agrees to cooperate fully with any audit conducted by the Auditor General and to provide full access to all relevant materials. Failure to maintain the required books,records and supporting documents shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the agreement for which adequate books,records and supporting documentation are not available to support their purported disbursement INTERNATIONAL BOYCOTT The undersigned certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S.Export Administration Act of 1979 or the regulations of the U.S.Department of Commerce promulgated under the Act. OPER 416(Rev.2197) DRUG FkEE WORKPLACE The Corporation certifies that It will not engage In the unlawful manufacture,distribution,dispensation,possession or use of a controlled substance in the performance of the agreement If the Corporation employs 25 or more people and the agreement is for$5,000 or more,the following requirements apply: The Corporation certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance,including cannabis,is prohibited in the Corporation's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that as a condition of employment for this agreement,the employee will: (A) abide by the terms of the statement;and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about (1) the dangers of drug abuse in the workplace; (2) the Corporation's policy of maintaining a drug free workplace; (3) any available drug counseling,rehabilitation and employee assistance programs;and (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the agreement and to post the statement in a prominent place in the workplace. (d) Notifying the Corporation within ten(10)days after receiving notice under part(B)of paragraph(3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by,any employee who is so convicted,as required by section 5 of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. AUTHORIZED SIGNATURES IN WITNESS WHERE OF the parties hereto have caused this agreement to be executed by their duly authorized officials. City(or Village)of State of Illinois Department of Transportation VILLAGE OF OAK BROOK By By Mtagr KX Pre dent Director of Highways CA F 04l hest• s'. r Village/Town Clerk Date (Municipal Sea[) Sheet I of 2 District No.1 STATE OF ILLINOIS Village of Oak Brook DEPARTMENT OF TRANSPORTATION COMPUTATION SHEET-MUNICIPAL MAINTENANCE For the Period beginning July 1,1999,ending October 31,1999 and Avril 1 2000 thouxh We 30 2000 INTERSECTING STREETS PORTIONS UNDER AGREEMENT MALNT.ALLOWANCE LINE TOTAL BUILT NO. LENGTH LANE ADT/ RATE/ ADJ. ROUTE SUB- NO. ROME SECTION STREET NAME FROM TO WIDTH BY WIDTH LANES LOCATION INFECT MILES LANE SOURCE W.MI. FACTOR TOTALS TOTALS 1 FA 131 (55&56)R-1 22nd Street ILL 83 137'E/o ILL 83 2 @36' S 2@36' 6 Adj.to Med. 137 0.15 5333 C-'93 607 3.52 320.50 2 FAU 552R-3 22nd Street 137'E/o ILL 83 McDonalds Drive 2 @36' V 2 @36' 6 Adj.to Med. 3151 3.58 5333 C-93 607 3.52 7649.17 9877 3 FAU 552 R-3 22nd Street McDonald's Drive 290'W/o CL of 1-88 2 @24' V 2 @24' 4 Adj.to Med. 430 0.33 8000 C-93 660 3.52 766.66 9877 4 FA 131 552 R-2 22nd Street 290'W/o CL of 1-88 290'E/o CL of 1-88 2@24' S 2 @24' 4 Adj.to Med. 580 0.44 8000 C-93 660 3.52 107221 5 FAU 1975-145N 22nd Street 290'E/o CL of 1-88 Clearwater 2 @36' V 2 @36' 6 Adj.to Med. 2400 2.73 5333 C-93 607 3.52 5633.03 1453 6 MEDIAN 22nd Street ILL 83 137'E/o ILL 83 S 6' 137 0.03 CURB MEDIAN. 330 .3.52 34.85 7 MEDIAN 22nd Street 137'E/o ILL 83 McDonald's Drive V 21' 3151 0.59 CURB MEDIAN 330 3.52 685.34 8 MEDIAN 22nd Street McDonald's Drive 290'W/o CL of 1-88 V 16' 430 0.08 CURB MEDIAN 330 3.52 92.93 9 MEDIAN !22nd Street 290'W/o CL of 1-88 290'E/o CL of 1-88 S 4' 580 0.11 CURB MEDIAN 330 3.52 127.78 10 MEDIAN 22nd Street 290'E/o CL of 1-88 Clearwater V 4'-18' 2400 0.46 CURB MEDIAN 330 3.52 534.34 SUB TOTALS 8.50 Lane Miles SUB TOTAL $17,066.79 Shcet 2 of 2 District No.1 STATE OF ILLINOIS Village of Oak Brook DEPARTMENT OF TRANSPORTATION COMPUTATION SHEET-MUNICIPAL MAVnTNANCE For the Period beginninS July 1,1999,ending October 31,1999 and April 1.2000 though lune 30,2000 INTERSECTING STREETS PORTIONS UNDER AGREEMENT MAINT.ALLOWANCE LINE 'TOTAL BUILT NO. LENG7H LANE ADT/ RATE/ ADJ. ROUTE SUB- NO. ROUTE SECTION STREET NAME FROM TO WIDTH BY VADTH LANES LOCATION IN FEET MILES LANE 'SOURCE W.Ml. FACTOR TOTALS TOTALS 11 FA 131 552 R-2 22nd Street Clearwater 358'W/o York Rd. 24136' S 2 @36' 6 Adj.to Med. 778 0.88 4441 C-93 572 3.52 1771.83 12 FA 131 552R 22nd Street 358'W/o of York Rd. 219'W/o Abut 1-88 2 @36' S 2 @36' 6 Adj.to Med. 2.214 2.51 4441 C'93 572 3.52 5053.73 13 TOLL T-6-C 22nd Street 219'W/o Abut.1-88 W.Abut of 1-294 24124' T 2 @24' 4 Adj.to Med. 878 0.67 6662 C-'93 633 3.52 1492.87 14 TOLL T-6-23 22nd Street @ 1-88 24124' T 24D24' 4 Adj.to Med. (244) TOTALS IN ABOVE LINE ITEM 15 MEDIAN 22nd Street Clearwater 358'W/o of York Rd S 4' 778 0.15 CURB MEDIAN 330 3.52 17424 16 MEDIAN 22nd Street 358'W/o York Rd. 219'W/o AbuL 1-88 S 4' 2214 0.42 CURB MEDIAN 330 3.52 487.87 17 MEDIAN 22nd Street 219'W/o Abut.1-88 W.Abut,1-294 T 4' 878 0.17 CURB MEDIAN 330 3.52 197.47 SUB TOTAL 4.80 Lane Miles SUB TOTAL AMOUNT $9,178.01 GRAND TOTAL 13.30 Lane Mlles ALL PAGES TOTAL $26,245.00 7 MONTH 35%AGREEMENT TOTAL $9,186.00 191nols Department Local Agency Statc of TransportaUon Agreement fo► Jurisdictional Transfe► Local Agency Type of Systems Transfer Municipality: Oak Brook Type 1 Type 2 Township/Road District: From: State Highway System From: Local Highway System County: DuPage To: Local Highway System To: State Highway System Indicate Type of Systems Transfer:Type 2 This agreement is made and entered into between the above local agency, hereinafter referred to as`LA', and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as"State", to transfer the jurisdiction of the designated location in the manner Indicated above under Type of Systems Transfer. Location Description Name 22nd Street Route FAU 1453 Length 2.042 KM ( 1.27 miles) Termini East edge of pavement of Illinois Route 83 to west edge of pavement of Clearwater Drive This transfer Z does p does not include Structure No. 022-0084(22nd Street over Salt Creek) WHEREAS, the authority to enter into this contract is granted the STATE by Section 4-409 of the Illinois Highway Code and the authority to make changes in the State Highway System is granted the State under Section 2-101 of the Illinois Highway Code. Include for Municipalities Only WHEREAS, the authority to make changes to the Municipal Street System is granted to the Municipality by Section 7-101 of the Illinois Highway Code NOW THEREFORE IT IS AGREED that the corporate authority of said municipality will pass an ordinance providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of a location map as Addendum No. 1 and a copy of the ordinance as Addendum No. 2, and Include for Counties Only WHEREAS,the authority to make changes to the County Highway System is granted to the County by Section 5-105 of the Illinois Highway Code. NOW THEREFORE IT IS AGREED that the County Board of said County will pass a resolution providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of a location map as Addendum No, 1 and a copy of the resolution as Addendum No. 2, and Include for Township/Road Districts Only WHEREAS, the authority to make changes to the Township/Road District System is granted to the Highway Commissioner under Section 6-201.3 of the Illinois Highway Code and said Highway Commissioner shall attach hereto and make a part hereof a copy of a location map as Addendum No. 1, and - IT IS MUTUALLY AGREED, that this jurisdictional transfer will become effective 21 calendar days after the execution of this agreement. Supplements Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this agreement Supplement A B & C (Insert supplement numbers of letters and page numbers,if applicable.) APPROVED APPROVED STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION Name: Karen M. Bushy By C. ` 7 Director of H' w Title: Village President Date Chairman County Board/Mayor/Village President/etc. Signatur BLR 1601 (Rev. 97) s:\gen1wp21224on .doc ('�a 1..t SY.••• U r . t � •wv -" 1.!•M�t.► 4S v�7• .-fit► � � •.. :Y.j '1. "tea. '� ' OL EAST-WEST" OAK " � � ESTCHESTER BROOK " � e• `^ 1 =i d kith►N9tlo' � :"'�' � t •�' 2&h 1 H = 9111 S cc R 3 d' t) Gets Rd � • � .r _ ; w TORK atr000S N� • ;BEMIS WOOOS NOATH O m�y '•iyr L.1 ~ O~ •FOREST PRESERVE � Ldkd reekJ 33rd SL ZkAellerd o Tnd GSrNM�U ERS9 �E ' •� r �, HUNTER TR ILS - DRIEST 1bs � f u,►86.4.1 a•k. m j Trail Ln. WEST v:! 1 RESER �� IL 35th St •• 35th SL ��• M J; �� ;, 4f'•� :::.�• L Ft. 811 1 1 Budd SI. "Luthk o. .• Mayelake 1 p I e�11� Retirement I OAK BROOK ~ /�"'I St• — cl o BEMIS w WOODS ouT Retirement <' I I �rffi,, a. 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RTE 83 TO {NEST EDGE OF PAV 1T OF CLEA R WATER DR)