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O-888-95 06/12/951L EMONT State of Illinois Cook, Will and DuPage Counties THE VILLAGE OF LEMONT To all to whom these presents shall come greetings: This is to certify that I, Charlene M. Smollen, am the duly elected, qualified and acting Clerk for the Village of Lemont, Cook, Will and DuPage Counties, Illinois; that I am the keeper of the files, records, and seal of the said Village; that the following is a true, perfect and correct copy of AN ORDINANCE CONCERNING THE ADDITION OF DERBY ROAD BETWEEN 131st STREET AND MC CARTHY ROAD TO THE MUNICIPAL STREET SYSTEM AT A FUTURE DATE as it appears from the files in my office now remaining I further state that this certification is issued under my hand and seal of the Village of Lemont as provided for in 65 Illinois Complied Statutes 5/1 -2 -5 and 5/1 -2 -6. In Witness Whereof, I have hereunto set my hand and caused to be affixed the Corporate Seal of the Village of Lemont, Cook, Will and DuPage Counties, Illinois. Done at Lemont, Illinois this 12 day of June , 199 5 Charlene M. Smollen, Village Clerk OFFICE OF THE VILLAGE CLERK Return to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 VILLAGE OF LEMONT ORDINANCE NO. 888 AN ORDINANCE CONCERNING THE ADDITION OF DERBY ROAD BETWEEN 131st STREET AND McCARTHY ROAD TO THE MUNICIPAL STREET SYSTEM AT A FUTURE DATE ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This! i- day of Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, �nc} ,Will Counties, I nois this ,OZ day of , 1995. , 1995. ORDINANCE NO. 888 AN ORDINANCE CONCERNING THE ADDITION OF DERBY ROAD BETWEEN 131st STREET AND McCARTHY ROAD TO THE MUNICIPAL STREET SYSTEM AT A FUTURE DATE WHEREAS, the Village of Lemont and the County of cook are entering into agreement for the improvement by the County of Derby Road from 131st Street to McCarthy Road and the transfer of jurisdiction of Derby Road from 131st Street to McCarthy Road to the municipal street system of this municipality. NOW, THEREFORE, BE IT ORDAINED THAT, upon the date the Director of Highways of the Illinois Department of Transportation affixes his signature to the LOCAL AGENCY AGREEMENT FOR JURISDICTIONAL TRANSFER, the Village of Lemont take jurisdiction of Derby road, in its entirety, from 131st Street northward to McCarthy Road and it shall then and thereafter become a municipal street of this municipality; and, that this municipality shall maintain said street from the north edge of 131st pavement to the south edge of McCarthy Road pavement; and that upon notice from the County of Cook to do so, relinquish maintenance of said municipal street to said County for the purpose of construction activities as specified in the LOCAL AGENCY AGREEMENT FOR JURISDICTIONAL TRANSFER Supplement #1 attached hereto and made part hereof. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMO COUNTIE OF COOK, DuPAGE, AND WILL, ILLINOIS, on this day of /� �� , 1995. AYES NAYS PASSED ABSENT Barbara Buschman �! Alice Chin V Keith Latz Connie Markiewicz V Rick Rimbo ✓ Ralph Schobert (/ At CHARLENE SMOLLEN, Village Clerk Approved by me this /O? day of ,1995. RI HARD . K ASNESKI Village President ENE SMOLLEN, Vil age Clerk THE BOARD OF COMMISSIONERS JOHN IL STROGER, JR., PRESIDENT DANNY K. DAVIS BOBBIE L. STEELE JERRY BUTLER JOHN H. STROGER, JR. DEBORAH SIMS BARCLAY FLEMING JOSEPH MARIO MORENO ROBERTO MAI.DONADO 1.[ Div. 2nd Dirt. 3.4 Dist. 4th Dirt. 5th Dirt. 6th Dirt. 7th Dist. 6th Dist. PETER N. SILVESTRI MARIA PAPPAS JOHN P. DALEY TED LECHOWICZ CALVIN R. SUTKER RICHARD A. 54EBEL CARL R. HANSEN ALLAN C. CARR HERBERT T. SCHUMANN. JR. April 4, 1995 9th 04.1. 10th Dist. 11th Dist. 12th Dirt. 13th Dirt. tam Dist. 15th Dirt. 16th Dirt. 17th Dist. Honorable Richard A. Kwasneski Mayor Village of Lemont 418 Main Street Lemont, Illinois 60439 -3788 Attn: Dana L. Jenkins Community Development Dear Mayor Kwasneski, BUREAU OF ADMINISTRATION DEPARTMENT OF HIGHWAYS CARL F. KOWALSKI, P.E. Superintendent of Highways COUNTY BUILDING 118 NORTH CLARK STREET CHICAGO, ILLINOIS 60602 -1369 Telephone (312) 443 -7700 Fax (312) 443 -7888 Re: Final Draft Transferof JurisdictionAgreemerrt Derby Road 131st Street to McCarthy Road Attached are 3 Final copies of the improvement and transfer of Maintenance Road from 131st Street to McCarthy Jurisdiction Transfer Document (7 pages) be submitted to IDOT. Agreement concerning the and Jurisdiction of Derby Road. The Agreement for is the complete package to We have revised the description of the project scope to include those items suggested in the Strand letter of March 3, 1995. Please again review Supplement =1 for your concurrence in the scope of the project and obligations of the parties involved. We require that our sample Ordinance -or an Ordinance prepared by your staff containing substantially the same material be passed by your. Village Board. if the _agreement meets with Village approval, please process it through the appropriate channels for passage and signature. Certified :: op i �:- of the ()rd.i.nan: e are to he incorporated into each or t:.iie i: N=ina: Drafts supplied and be identified as SUPPLEMENT =3. We also require one (1) certified copy of enabling minutes authorizing your signature upon the LOCAL AGENCY AGREEMENT FOR JUR1SDICI'IONAL TRANSFER and that each of the three copies be executed in the space provided. Honorable Richard A. Kwasneski -2- April 4, 1995 If you have additional questions, please contact Gerald Wu1kowicz, Advance Plann i n and Agreements Division (31.2 -443 -7840 ) . We, in turn, will pass our Resolution (SUPPLEMENT =4) and forward the Document to the State of Illinois. Upon their approval, they will return one signed copy to the Village Clerk. Very truly yours, d Carl F. Kowalski, P.E. Superintendent of Highways Cook County, Illinois cc: Dana L. Jenkins with enclosures (3) Illinois Department of Transportation LOCAL AGENCY AGREEMENT FOR JURISDICTIONAL TRANSFER Local Agency No. 1 (Conveyor) Local Agency No. 2 (Recipient) Municipality Municipality LEMONT Township/ Road District Township / Road District County County In accordance with authority granted in Section 4 -409 of the Illinois Highway Code. this ageement is made and entered into be- ween the above Local Agency No 1. hereinafter referred to as 'CONVEYOR -. and the above Local Agency No: 2. hereinafter referred to as "RECIPIENT'. to transfer the jurisdiction of the designated location from the CONVEYOR to trte RECIPIENT. Location Description Name Derby Road Route x'770 Length Miles 1 .10 (1 .77 km) Termini 131st Street to McCarthy Road, in its entirety. Thistransfer does include-the structure located approximately 300 feet north of 131st Street (no Structure No.). , 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 the ordinance, and 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 the resolution. and THE CONVEYOR AGREES to prepare a map of the above location and attach a copy of such location map hereto. IT IS MUTUALLY AGREED, that this jurisdictional transfer will become effective upon- the date the Director of Highways affixes his signature. (Cook County Sections: 95- W7013 -01 -RS and 95- W7013- 02 -BR) Supplements Additional information and /or stipulations, if any, are hereby attached and identified below as being a part of this agreement. Supplement #1 Stipulations, #2 Mao, #3 Village Ordinance & #4 County Resoluti • (Insert supplement numbers or letters and page numoers. if applicable.) IT IS FURTHER AGREED. that the provisions of this agreement shall be binding upon and inure to the benefit of the parties hereto. their successors and assigns. APPROVED BY CONVEYOR APPROVED BY RECIPIENT Name John H. Stroger, Jr. Name Richard A. Rwasneski Title President, Board of Commissioners Title age President Chairman County Board /Mayor /Village President/etc. Ch Board/ =yor /Village President/etc. Signature Signature _ r ,A14 C APPROVED STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By Director of Hignways Date BLR 1602 (9/89) Derby Road Section: 95- W7013 -01 -RS 95- W7013 -02 -BR STIPULATIONS SUPPLEMENT 41 To an agreement between the County of Cook and the Village of Lemont. This Agreement formalizes responsibilities of Cook County and the Village of Lemont for accomplishing and subsequently operating the proposed improvement. The improvements to be built by the County are described as follows: Resurface Derby Road from 131st Street to McCarthy Road with a two (2) inch bituminous overlay, repair distressed pavement with full depth pavement replacement, install three (3) foot bituminous shoulders (where absent), reshape and regrade existing ditchs including driveway culverts (replacement in kind, if required), and landscape as may be required (County Section: 95- W7013- 01 -RS). and in conjunction with /or as a separate contract at a later date Replace the existing corrugated metal culvert under Derby Road (located approximately 300 feet north of 131st Street) with a new concrete box culvert to be sized in compliance with Illinois Department of Transportation Division of Water Resources requirements, including pavement restoration, wing walls, protective barriers, riprap, landscaping and other appurtenances as may be required (County Section: 95- W7013- 02 -BR). The obligation of the Village of Lemont (hereinafter VILLAGE) and the County of Cook (hereinafter COUNTY) are as follows: 1. The VILLAGE will: a. Pass the Ordinance, or one substantially like the proposed Ordinance attached hereto as Supplement 43, to accept jurisdiction of Derby Road from the 131st Street to McCarthy Road (see Location Map Supplement #2) effective the date the Director of Highways affixes his signature to the attached LOCAL AGENCY AGREEMENT FOR JURISDICTIONAL TRANSFER; Ordinance is to be passed at the same Village Board meeting as the one when this agreement is executed by the Village, authorized by enabling minutes of the Village Board (to be attached to the Agreement); -1- Derby Road -2- SUPPLEMENT #1 Section: 95- W7013 -01 -RS 95- W7013 -02 -BR b. As part of its jurisdictional responsibility, maintain Derby Road from the north edge of 131st Street pavement to the south edge of McCarthy Road pavement; c. Upon notification of a construction starting date, relinquish maintenance of that section of Derby Road as in the construction plans from said starting date for the duration of construction; d. Following acceptance from final inspection of a completed improvement, reassume maintenance of that section Derby Road newly resurfaced or constructed; e. Coordinate and control public notification of the project scope, timing and duration. f. Promptly review plans submitted by the County; g. Pay for any new sidewalk, water distribution appurtenances, street lighting or other municipal infrastructure to be included in the plans. County will be responsible for replacing any sidewalk disturbed during construction; h. Have the opportunity to observe the project under construction, bring to the attention of the County's Resident Engineer any matters of concern with respect to same, and to have the opportunity to participate in the final inspection of the completed project; i. Acquire any necessary right -of -way for the improvement at no expense to the COUNTY; 2. The COUNTY will: a. Prepare contract plans, obtain Village approval of same, advertise, let, award, supervise construction and finance the design engineering, construction costs, and construction engineering (estimated construction cost ($325,000.00); b. Pay for the replacement of any existing sidewalk disturbed or relocated by the proposed improvement; g. Pass the Resolution, Supplement #4, concurrently with the County's execution of this agreement, to remove Derby Road from the 131st Street to McCarthy Road from the County Derby Road -3- SUPPLEMENT #1 Section: 95- W7013 -01 -RS 95- W7013 -02 -BR Highway System, effective the date the Director of Highways affixes his signature to the attached LOCAL AGENCY AGREEMENT FOR JURISDICTIONAL TRANSFER; and, h. Following execution of this agreement (in three copies) by the VILLAGE and the COUNTY, in that order, submit three copies to the Illinois Department of Transportation for requisite approval as to the change of jurisdictional responsibility of Derby Road. 3. The COUNTY and the VILLAGE agree that their respective successors and assigns shall be bound by the terms of this agreement. 4. This Agreement and the covenants contained herein, shall become null and void in the event the final contract for the construction work as stated herein is not awarded by July 1, 1996. Jurisdicitonal Transfer From Cook County to the Village of Lemont DERBY ROAD (CHW70) 131ST Street to McCarthy Road 1.10 Miles VILLAGE OF LEMONT MUNICIPAL.ORDINANCE No. Supplement #3 yea Concerning the addition of Derby Road between 131st Street and McCarthy Road to the municipal street system at a future date. WHEREAS, the Village of Lemont and the County of Cook are entering into agreement for the improvement by the County of Derby Road from 131st Street to McCarthy Road and the transfer of jurisdiction of Derby Road from 131st Street to McCarthy Road to the municipal street system of this municipality. NOW, THEREFORE,BE IT ORDAINED THAT, upon-the date the Director of Highways of the Illinois Department of Transportation affixes his signature to the LOCAL AGENCY AGREEMENT FOR JURISDICTIONAL TRANSFER, the Village of Lemont take jurisdiction of Derby Road, in its entirety, from 131st Street northward to McCarthy Road and it shall then and thereafter become a municipal street of this municipality; and, that this municipality shall maintain said street from the north edge of 131st Street pavement to the south edge of McCarthy Road pavement; and, that upon notice from the County of Cook to do so, relinquish maintenance of said municipal street to said County for the purpose of construction activities as specified in the LOCAL AGENCY AGREEMENT FOR JURISDICTIONAL TRANSFER Supplement #1 attached hereto and made part hereof. The Clerk of this municipality is directed to see that a certified copy of this Ordinance is attached as Supplement #3 of the agreement being entered into with the County of Cook (three copies of said agreement) and to return same to County. Certification � / Village Clerk in and for I , ///�1 — �l /J�� . g the Village of Lemont, a municipal corporation of the State of Illinois and keeper of the records and files of said municipality as provided by Statute, do hereby certify the foregoing to be a true, perfect and complete copy of an Ordinanc,e passed by the Village Board the Village of Lemont at its L/ meeting on rte- / al— , 1995. In testimony whereof I have hereunto set my hand and affixed the seal of this municipality at my office on the above date. SEAL Village Clerk SUPPLEMENT #4 I, DAVID D. ORR, County Clerk of Cook County, in the State of Illinois aforesaid and keeper of the records and files of said Cook County, do hereby certify that the Board of Commissioners of The County of Cook, at their regular meeting held on 199 , passed the following Resolution: RESOLUTION Resolved that the President of the Board of Commissioners of Cook County, Illinois, on behalf of the County of Cook, is hereby authorized and directed by the Members of said Board to execute, by original signature or his authorized signature stamp, three copies of an agreement with the Village of Lemont wherein the County will improve Derby Road (County Highway W70) from 131st Street to McCarthy Road, said agreement attached; upon execution of the LOCAL AGENCY AGREEMENT FOR JURISDICTIONAL TRANSFER by the State of Illinois, said agreement attached, the Village of Lemont is to assume jurisdiction and maintain Derby Road, in its entirety, from the 131st Street to McCarthy Road; the Department of Highways is directed to take the necessary action called for under the terms of the agreement (Section: 95- W7013 -01 -RS and 95- W7013- 02 -BR); all of which appears from the records and files of my office. IN WITNESS WHEREOF I have hereunto set my hand and affixed the SEAL of said County at my office in the City of Chicago, this day of A.D. 199 County Clerk SEAL