S-811 - 06/13/1995 - AGREEMENT - Ordinances ORDINANCE 95-SWM-S-811
AN ORDINANCE ESTABLISHING THE POLICY OF THE VILLAGE OF OAK BROOK
WITH RESPECT TO MINOR DRAINAGE IMPROVEMENTS
WHEREAS, the Village Of Oak Brook receives numerous requests and
complaints each year concerning storm water drainage problems which are
relatively local in nature, and
WHEREAS, the Village President and Board of Trustees (the "Board" )
realizes that many minor drainage problems are neither threats to public
health and safety nor cost-effective to address, and that the Village cannot
devote unlimited resources to the solution of minor drainage problems, and
WHEREAS, the Board has determined that it is appropriate to allocate a
portion of the revenues of the Village' s Infrastructure Fund for correction of
minor drainage problems, and
WHEREAS, on February 22, 1994 the Board approved in concept a set of
criteria for determining what minor drainage improvements are properly
performed by the Village, and
WHEREAS, the Board finds that it is necessary and desirable to formally
establish a policy and criteria for responding to minor drainage problems,
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 a "minor drainage improvement" is defined as an
improvement project undertaken in order to mitigate a condition which causes
storm water to pond for a period of more than five (5) days after a rainfall,
if the problem is located in the public right-of-way; or, if located on
private property, affects more than one Lot as defined in the Zoning Ordinance
of the Village of Oak Brook as the same may be amended from time to time; and
which can be corrected by Village forces or by contract at a cost of $20,000
or less.
Section 2: That the Village Engineer shall prioritize minor drainage
improvements which meet the definition set forth in Section 1 of this
Ordinance according to the following criteria:
a) . The extent to which the condition poses a threat to public health
and safety.
b) . The length of time over which the condition has been awaiting a
solution.
Ordinance 95-SWM-S-811
Establishing the Policy With
Respect to Minor Drainage
Improvements, Page 2
c) . The simplicity of the .available solution.
d) . The cost-effectiveness of the solution.
e) . The number of people who would be benefitted by the solution.
Section 3: That decisions of the Village Engineer with respect to
prioritization of minor drainage improvements may be appealed to the Village
Manager by any person directly affected by the condition intended to be solved
by the improvement.
Section 4: That each year the Village Engineer shall develop and
recommend to the Village Manager, who shall in turn recommend to the Board, a
program of minor drainage improvements, based upon and subject to the
availability of funds in the Annual Municipal Budget approved by the Board.
Section 5: That drainage improvements which meet all criteria contained
in Section 1 of this ordinance except the criterion pertaining to cost shall
be defined as major drainage improvements and shall be considered on their
merits during the Village' s annual financial planning and budgeting process.
Section 6: That the validity of any action otherwise taken by the Board
in accordance with applicable State law shall not be invalidated, impaired or
otherwise affected by noncompliance with any part of the procedures or policy
set forth in this ordinance.
Section 7: That all ordinances or resolutions or parts of ordinances
and resolutions in conflict with this ordinance are hereby repealed.
Section 8. That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 13th day of June, 1995.
Ayes: Trustees Bartecki, Kenny, Payovich, Savino and Shumate
Nays: None
Absent: Trustee McInerne
Abstain: None
Ordinance 95-SWM-S-811
Establishing the Policy With
Respect to Minor Drainage
Improvements, Page 3
APPROVED THIS 13th day of June, 1995.
CVillage Pres
ATTEST:..
illag Clerk
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX