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City Council Minutes 1983 01-13-83 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE , KENDALL COUNTY, ILLINOIS , HELD AT CITY HALL ON JANUARY 13 , 1983 . Mayor Thanepohn called the meeting to order at 8 : 00 P.M. and led the Council in the Pledge of Allegiance to the Flag. Clerk Erickson called the roll as follows: Ward 1 - Beach - Present Small - Present Ward 2 - Tilton - Present Harker - Absent Ward 3 - Pierce - Present Dollman - Present Ward 4 - Jennings - Present 4immons - Present A quorum was established . Alderman Dollman moved to waived the reading of the minutes from the December 16 , 1982 meeting,and approve the minutes as presented, seconded by Alderman Jennings . Motion carried 7-0 . The reading of the bills was waived . Alderman Tilton moved to authorize payment of the bills presented , seconded by Alderman Jennings . Roll call vote was taken as follows : Simmons - Aye Dollman - Aye Pierce - Aye Beach - Aye Small - Aye Jennings - Aye Tilton - Aye Motion carried 7-0 . Alderman Harker was absent from voting. ATTORNEY ' S REPORT - Attorney Dickson was absent . Alderman Jennings moved to pass ORDINANCE NO. 1983-1 entitled "AN ORDINANCE FOR THE UNITED CITY OF THE VILLAGE OF YORKVILLE ESTABLISHING REGULAR MEETING DATES OF THE CITY COUNCIL" , seconded by Alderman Pierce . Roll call vote was taken as follows : Pierce - Aye Beach - Aye Dollman - Aye Jennings - Aye Simmons - Aye Small - Aye Tilton - Aye Motion carried 7-0 . Alderman Harker was absent from voting . MAYOR ' S REPORT - Mayor Thanepohn announced that the Committee meeting dates have been made up and will be distributed to the Council and press . There will be a Committee meeting January 20 , 1983 at 8 : 00 P.M. at the Water Tower regarding Wildwood Subdivision . There will also be a Water Committee meeting at 7 : 30 P.M. Mayor Thanepohn showed a series of slides taken of areas of Yorkville 10 years ago, to show the growth and progress made in Yorkville within that period of time . Alderman Harker arrived at 8 : 15 P.M. CITY CLERK - Sealed bids for the Library furnishings will be received until 2 : 00 P.M. on January 25 , 1983 and opened at that time at the Water Tower . TREASURER - There was no Treasurer ' s Report. POLICE - Alderman Small moved to approve the Police Department Report , seconded by Alderman Pierce . Motion carried 7-0 . ADMINISTRATIVE ASSISTANT - Administrative Assistant Madden gave a progress report on the new library schedule as received after talking with IDOT representatives . Mayor Thanepohn called attention to the dollars saved by the department working with Burlington Railroad in repairing the sewer main break under the tracks at Morgan and W. Hydraulic Streets . Alderman Jennings moved to approve the Administrative Assistant ' s reports , seconded by Alderman Small . Motion carried 8-0 . BEECHER BUILDING DIRECTOR - Alderman Simmons moved to approve the Beecher Building Director ' s report , seconded by Alderman Harker. Motion carried t1-0 . Page 2 January 13 , 1983 PLAN COMMISSION - Alderman Simmons reported the next meeting will be January 25 , 1983 if Planning Consultant Clarage has the information prepared by that time . HUMAN RESOURCE COMMISSION - Alderman Beach read the minutes from the December 5 , 1983 meeting . Members decided they will hold regular meet- ings the 3rd Monday of each month at the Water Tower at 7 : 30 P.M. , with the exception of January which will be held January 31 , 1983 . EMERGENCY MEDICAL SERVICE - Alderman Pierce thanked the City on behalf of the EMS for their continuing support . KENDALL FAMILY & YOUTH SERVICES - Alderman Pierce reported that surplus cheese and butter will be available on January 19 , 1983 at the Beecher Building. SCHOOL COMMUNITY - Alderman Tilton will get new names to Mayor Thanepohn for Youth Advisory Commission appointments . NEW BUSINESS - Upon recommendation by Attorney Dickson, Alderman Dollman moved to approve the Letter of Understanding from the Illinois Department of Transportation (RE : new bridge) , authorizing Mayor Thanepohn ' s signature , seconded by Alderman Jennings . Roll call vote was taken as follows : Tilton - Aye Beach - Aye Pierce - Aye Harker - Aye Jennings - Aye Dollman - Aye Small - Aye Simmons - Aye Motion carried 8-0 . Alderman Jennings moved to pass ORDINANCE NO. 1983-2 entitled "AN ORDINANCE REGULATING THE PARKING ON F.A. ROUTE 100 , ILLINOIS ROUTE 47 , SECTION (13D & 109) R&BR, KENDALL COUNTY ALONG BRIDGE STREET EXTENDING FROM HYDRAULIC STREET TO MAIN STREET WITHIN THE YORKVILLE CORPORATE LIMITS" , seconded by Alderman Harker . Roll call vote was taken as follows : Small - Aye Jennings - Aye Pierce - Aye Dollman - Aye Harker - Aye Simmons - Aye Tilton - Aye Beach - Aye Motion carried 8-0 . Alderman Harker moved to pass ORDINANCE NO. 1983-3 entitled "AN ORDINANCE PROHIBITING THE CONNECTION OF SANITARY OR WASTE SEWERS TO STORMWATER DRAINAGE SYSTEMS" and to insert the appropriate & reasonable fine amounts . Motion was seconded by Alderman Small . Roll call vote was taken as follows : Simmons - Aye Harker - Aye Dollman - Aye Pierce - Aye Beach - Aye Small - Aye Jennings - Aye Tilton - Aye Motion carried 8-0 . Alderman Harker moved to pass ORDINANCE NO. 1983-4 entitled "AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE , KENDALL COUNTY, ILLINOIS . " , seconded by Alderman Pierce . Motion carried 8-0 . Roll call vote was taken as follows : Pierce - Aye Beach - Aye Harker - Aye Dollman - Aye Jennings - Aye Simmons - Aye Small - Aye Tilton - Aye Motion carried 8-0 . Alderman Harker moved to approve and authorize the Mayor and Clerk to sign the TEMPORARY CONSTRUCTION EASEMENT for the new Route 47 bridge , seconded by Alderman Small . Roll call vote was taken as follows : Simmons - Aye Harker - Aye Dollman - Aye Pierce - Aye Beach - Aye Small- Aye Jennings - Aye Tilton - Aye Motion carried 8-0 . Alderman Harker moved to approve the ADDENDUM TO AGREEMENT entered into on December 19 , 1980 to functionally replace the City' s existing library facility, revising the compensation for the right of way needed for highway purposes to include an exchange of equivalent interests of land , by amending paragraph 9 . Motion was seconded by Alderman Small . Roll call vote was taken as follows : Small - Aye Jennings - Aye Pierce - Aye Dollman - Aye Harker - Aye Simmons - Aye Tilton - Aye Beach - Aye Motion carried 8-0 . Page 3 January 13 , 1983 Alderman Beach moved that all the monies received from the state earmarked and set in a special account for the parking lot . Discussion followed. Alderman Beach then rescinded his motion. COMMITTEE REPORTS WATER - Alderman Simmons moved to advertise for bids for the I-beam repair at Pumphouse No. 3 , seconded by Alderman Tilton. Motion carried 8-0 . Bids are to be opened February 7 , 1983 at 2 : 00 P.M. and forwarded to City Council for action on February 10 , 1983 . POLICE - Upon recommendation of the emergency Police Committee meeting Chief Randall was authorized to replace the wrecked squad car. Alderman Small moved that the City Council authorize purchase of the 1983 Chevro- let replacement vehicle from Westphal Chevrolet for $10 ,323. 00 . Motion was seconded by Alderman Pierce . Roll call vote was taken as follows : Beach - Aye Simmons - Aye Small - Aye Pierce - Aye Tilton - Aye Dollman - Aye Jennings - Aye Harker - Aye Motion carried 8-0 . Alderman Small moved to authorize payment of $10 ,323 to Westphal Chevrolet for purchase of 1983 replacement of squad car on an emergency basis , seconded by Alderman Pierce . Roll call vote was taken as follows : Jennings - Aye Dollman - Aye Tilton - Aye Small - Aye Simmons - Aye Pierce - Aye Harker - Aye Beach - Aye Motion carried 8-0 Alderman Small moved to accept the insurance settlement on the wrecked squad car in the amount of $10 ,267 which includes the $250 deductible , seconded by Alderman Jennings . Roll call vote was taken as follows : Dollman - Aye Tilton - Aye Simmons - Aye Beach - Aye Small - Aye Jennings - Aye Harker - Aye Pierce - Aye Motion carried 8-0 . Alderman Small reported there was one bid received on the sale of the 1981 Chevrolet squad from Mark Johnson in the amount of $1 , 510 .99 . Alderman Small moved to reject the bid of $1, 510 . 99 from Mark Johnson for the sale of the 1981 Chevrolet squad car and keep the car to replace the present beater car . Motion was seconded by Alderman Jennings . Roll call vote was taken as follows : Tilton - Aye Beach - Aye Pierce - Aye Harker - Aye Jennings - Aye Dollman - Aye Small - Aye Simmons - Aye Motion carried 8-0 . FINANCE - Alderman Tilton moved to continue support of Kendall Family & Youth Services and authorized a $100 donation to them, seconded by Alderman Jennings . Motion carried 8-0 . Alderman Jennings reported the Finance Committee meeting will be February 3 , 1983 to discuss the budget , word processing equipment and salaries of employees and public officials . LIGHTS , TELEPHONE , GAS & CABLE TV - Alderman Pierce reported that Centel Cable will stop work now and begin again in the spring. LIBRARY BOARD - Alderman Jennings reported the next meeting will be January 17 , 1983 at 7 : 30 P.M. at the library building . YBS BOARD - Alderman Jennings reported that the next meeting will be January 17 , 1983 at 7 : 00 P .M. at Attorney Ingemunson ' s office . Alderman Harker moved to adjourn the meeting , seconded by Alderman Pierce . � %`//Z/ of.i( L ' �i.-C4 i1.l�b../ City Clerk DECEMBER 1982 Approved January 13 , 1983 GENERAL FUND Blaine Harker - Phone calls (1-43-914) 11 .43 Satellite Industries , - Portable toilet rental (1-36 .2-164) Inc . i9o, ra, Christine Weiss - Dog-catcher fees/1982 (1-34-562) 129 .50 Fort Dearborn Life Ins .- Live Ins . Premium (1-43-906) 249 .11 Kiplinger Washington Letter - subscription (1-43-913) 42 . 00 County Companies - bonds/City Clerk , Collector & Treasurer (1-43-904) 128 .00 Kendall County HIA - Health Insurance Program (1-43-906) 2 ,574 .00 Judy' s Flowers - Haggerty (1-43-910) 20 .00 Service Merchandise - Attache case to replace one solen in 4/23/82 burglary (1-43-915) 60 . 37 Ill . Municipal League - Dues (1-43-907) 264 .00 Betty Huston - Plan Commission Secretarial Expense August & November (1-37-700) 48 . 00 Ill . Bell Telephone Co.- 552-7593 Call forwarding P.D . $14 ,67 ; 023-1101 Pvt . Line P.D . $46 . 56; 553-0535 Mayor $7 .75 ; 553-6222 Clerk $2 .98 (1-43-914) 71 .96 CMI , Inc . - 10 ' cord (1-35-602 ) 80 . 36 Green ' s Standard Serv. - Thermostat (1-35-610) 7 .00 Sommers Carpet Care - Clean carpet & clean/seal cement floor (1-38 .2-741) 946 .88 80 . 00 Rick' s F. S . Serv. Sta . - Mdint. (1-35-610) $36 .13 ; Gas (1-35-611) ; _ 983 .01 City of Plano - 271 calls on call forwarding (1-35-617) 67 .75 Ronald W. Reuter - Meeting Expense (1-35-607) 5 .00 Richard Randall - IACP Winter Conference registration (1-35-607) 110 .00 Clark Boardman , Ltd. - Search & Seizure Law Report (1-35-607) 55 . 00 Joliet Jr . College - School Expy e Millen) (1-35-607) 25 .00 Safari Market - Supplies 1-43-910) 6 . 73 (1-38 .2-743) 48 .98 Good Year - tire (1-35-610) 97 .50 Commonwealth Edison - EAP75477 st . lighting & traffic signal $37 .62 (1-39) ; EH55AP3084A Monument $103 .78 (1-36 .2-622) ; EAP71881 St . lighting $1 ,256 . 21 (1-39) 1 , 397 .61 Northern Ill . Gas Co. - 3119024903 Beecher Bldg. (1-38 .6-800) 354 . 34 Aurora Concrete Pro- - Manholes , covers & catch basin grates ducts , Co. (1-32-504) 589 .20 Kendall Grundy F . S. Inc . - tire/dumptruck (1-33-531) 215 .90 Rick ' s F . S. - Battery $49 .95 (1-33-531) ; Gasoline $305 . 08 (1-33-532) 355 . 03 Construction Services - 4 manhole rings & lids (1-32-501) 300 .00 Corp. Spring Align - Springs & installation 4/WD (1-31-453) 422 . 00 Homer Dickson & Co. Inc .- Snowplow repair parts (1-31-453) 23 .80 Small Engine Emporium - Chainsaw & concrete saw repairs (133-531) 59 .55 Ram Supply, Inc . - 2 light bulbs (1-36 .2-663 ) $35 .72 ; 2 light bulbs (1-38 .6-801) $67 .60 103 . 32 Neenah Foundry Co. - Storm sewer parts (1-38 .5-780) 468 .00 Wight & Co. , Inc . - City share engineering/athletic fields (1-38 .5-780) 492 .50 Tri Co. Scavenger Serv. - Services for December (1-34-561) 3 ,932 .00 Aaron Pest Control - Beecher Bldg. Nov./Dec . (1-38 .6-801) 30 .00 BOCA, Int. , Inc . - Plan review/Webster House (1-42-853) 90 .00 Aurora Blacktop, Inc . - Cold Patch (1-30-402 252 .45 Central Limestone Co. - Crushed rock (1-30-402 ) 77 .85 Farmer ' s Elevator Co. - Couplings , dement , etc . (1-32-501) 123 .85 Coffman Truck Sales , Inc- Distributor Repair/C-65 (1-33-531) 84 .43 Arbor Valley - Christmas bulbs (1-36 .2-663) 14 .90 Countryside True Value - Spreader & shovel $47 .98 (1-38 .6-801) ; Hdw. Batteries , bolts , nuts , etc . $92 .96 (1-30-402) 140 .94 Yorkville Auto Parts - Repair Parts (1-33-531) 145 .49 Suburban Bldg. Official- 1983 Dues (1-42-855) Conference 25 .00 Luanne Erickson - Reimburse Petty Cash - Supplies $10 . 77 (1-30-405) ; Radiator Repairs/Cub 185 tractor $30 .00 (1-33-531) ; Postage & stamps $18 . 33 (1-43-911) ; Supplies $11 . 34 (1-43-915) 70 . 44 15 ,.205 .57 James B. Clarage & Ass'c. - Inv. No. 17 Architect Fees-Library(1-38.7-816 1,756.55 l �G2.i2 i�,8a.3.6 GENERAL FUND Continued SALARIES Gross 32,222.20 Net 22,444.47 WATER FUND Commonwealth Edison - EParAP33737 Well (2-50-440) 4,000 .00 Ill. Bell Telephone Co- 553-7079 Public Works (2-50-409) 9 .04 No. I11 . Gas Co. - 3168761603 Well #3 (2-50-442) 76. 33 American Water Works - Dues (2-50-436) 115 .00 Ass 'n. Yorkville Plumbing & - Pump casing & footings (2-50-428) 216 .50 Pump Co. , Inc . Luanne Erickson - School expense (2-50-415) 31 .21 Water Products - Repair parts (2-50-420) 127 .29 Luanne Erickson - Reimburse Petty Cash - Water 2 .86 Samples/UPS National Boulevard - Deposit - Water Bond & Interest 1 ,855 .00 Bank of Chicago Fund 6 ,433 .23 SALARIES Gross 5,110.56 Net 3,390.71 REVENUE SHARING FUND Kendall Family & Youth Services - Homemake Aide Program 1 ,900 .00 MOTOR FUEL TAX FUND Aurora Blacktop Co . , - MFT Maintenance (3-401) 42 ,414 .90 Inc . Baxter & Woodman ,Inc . - MFT Maint. engineering (3-402) 4 ,212 .29 46 ,627 . 19 YOUTH ADVISORY COMMISSION Vat & Vine Liquors , Inc . - refreshments 15 .40 PARK COMMISSION FUND Kendall Co. Record - Subscription 10 .00 Little Italian - Karate Christmas party 49 .52 John McKinney - Basketball referee fee/4games 60 .00 Luzern Pachten - Basketball referee fee/4games 60 .00 Jerry Zimmer - Basketball referee fee/4games 60 .00 Bill Stenson - Santa Calling 20 .00 Hayden' s Sport Center - Basketball Score books 7 .50 267 .02 BEECHER BUILDING FUND LeRoy E . Thanepohn - Meeting expense (8-401) 8 . 30 Illinois Department of Transportation Division of Highways/Disinct 3 700 f a,t Norris Drive/Ottawa Illinois/61350 January 3 , 1983 The Honorable Leroy Thanepohn Mayor , United City of the Village of Yorkville 610 Tower Lane Yorkville , IL 60560 LETTER OF UNDERSTANDING F . A . P . Route 100 ( Ill . Route 47) Section ( 130 & 109 ) R&BR Kendall County Dear Mayor Thanepohn : As you know the Department of Transportation , as represented by the District Office in Ottawa , is planning to improve Ill . Route 47 (Bridge Street ) from the north side of the Burlington Northern railroad crossing at Hydraulic Street to the south edge of Main Street . The existing bridges across the two channels and the fill section across the dividing island which presently provide one 12 foot traffic lane , a 4 foot concrete sidewalk and a 5 foot plank sidewalk in each direction will be replaced with a seven span bridge 72 . 5 feet wide and 622. 25 feet long providing a typical section having two 12 foot traffic lanes , a 3 to 4 foot gutter pan and a 5 foot protected side- walk in each direction separated by a 4 foot concrete median located 8 . 5 feet east of and parallel to the existing centerline of Bridge Street . From Hydraulic Street to the south end of the proposed structure , parking lanes will be removed and the pavement reconstructed along with new concrete sidewalks , curb and gutter and a variable width median to allow for the transition, from one- lane traffic in each direction south of Hydraulic Street , to two- lane traffic in each direction separated by a 4 foot concrete median on the proposed structure . Honorable Leroy Thanepohn January 3 , 1983 Page 2 From the north end of the proposed structure to the south edge of Main Street the existing pavement , curb and gutter and sidewalks will be removed and the pavement reconstructed beginning with a typical section matching the proposed structure and ending at the south edge of Main Street with a typical section centered on the centerline of the existing 2- lane pavement north of Main Street and having two 12 . 5 foot traffic lanes , concrete curb and gutter , and a new concrete sidewalk on each side of the centerline . The proposed improvement which also includes a parking lot , lighting , landscaping , storm sewers , and appurtenances , will he built under traffic using stage construction and we do not foresee a need to close any streets . Local property owners will be provided access at all times . We will require additional right of way on each side of the route ; however , this will be acnuired by our office in the name of the State . Upon completion of the improvement , the Division of Highways will maintain or cause to be maintained the median , the four through traffic lanes used for through traffic or right or left turn lanes , and the curb and gutter adjacent to the through traffic lanes or right or left turn lanes . We expect the City to assume the maintenance of all portions which are not maintained by the Division of Highways including all curb and gutter flags not maintained by the State , man- holes , catch basins , storm sewers , all lighting , parking lot , sidewalks including bridge sidewalks , concrete steps and appurtenances . Your approval of this Letter of Understanding will be considered acceptance of these maintenance provisions . It will be the City ' s responsibility to provide the energy for all lighting constructed by the State on the improvement . The Division of Highways will assume the entire cost of this improvement . We will , however , expect the City to pass ordinances to prohibit parking along the improvement , to control discharge of sanitary sewage into storm sekl- - s constructed with this improvement and to effect are _ontrol the disposition of encroachments along the route . We expect the City to provide us with a resolution or letter approving the plans and specifications and we also expect the City to exercise its franchise right to cause private utilities to be relocated\ at no expense to the State . We ask the City not to permit driveway entrance openings to be made in the curb as constructed without first obtaining our consent . Honorable Leroy Thanepohn January 3 , 19133 Page 3 I have attached copies of sample ordinances which you may wish to use as a guide . Copies of the adopted ordinances , as mentioned above , will need to be in our files prior to our recommending construction of this improvement . The plans and specifications will be forwarded as soon as they are available for your inspection and use , together with a request for your approval . You will note that I have included two copies of this letter . If you are in agreement with this proposal , kindly affix your original signature in the space provided on both cooies and return them to me . Upon receipt of these copies we will assume that you agree on the terms stated herein . One copy , signed by the District Engineer , will be returned to you for your files . Sincerely , R . H. Blasius District Engineer [� L� c2 By : Ralph A . Chiado District Design Engineer APPROVED (-011.4;(2 3/r3 Mayor , Un City `' f Date the V llage of Yor ville District Engineer nate EXHIBIT "A" ORDINANCE NO . /9.23 oZ AN ORDINANCE REGULATING THE PARKING ON F . A . ROUTE 100 , ILLINOIS ROUTE 47 , SECTION ( 130 & 109 ) R&BR , KENDALL COUNTY ALONG BRIDGE STREET EXTENDING FROM HYDRAULIC STREET TO MAIN STREET WITHIN THE YORKVILLE CORPORATE LIMITS . BE IT ORDAINED , by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE , Kendall County , Illinois , That in order to promote the health , safety and welfare of its citizens , parking will be prohibited on marked route Illinois 47 (Bridge Street ) from Hydraulic Street to Main Street and will in the future be prohibited at such locations on or immediately adjacent to this improvement as may be determined to be necessary by the State from traffic capacity studies when the proposed construction has been completed and is functional . All ordinances or parts of ordinances in conflict herewith are hereby repealed. Passed and adopted by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE , Kendall County , Illinois , this Agit- day of A. D . , 19 J . Deposited in the City Clerk ' s office e 43 day of a.47 , A. D . . 19 o,? . 8 4.;2 AChm,..,- ,e? r , . . ATTEST : (, J t. L 91. 46 111.?tir) CITY CLERK ■ EXHIBIT "B" ORDINANCE NO . (91:3 -3 AN ORDINANCE PROHIBITING THE CONNECTION OF SANITARY OR WASTE SEWERS TO STORMWATER DRAINAGE SYSTEMS . BE IT ORDAINED , by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE , Kendall County , Illinois , 1 . It shall be unlawful for any person , firm, corporation , or institution , public or private , to connect or cause to be connected , any drain carrying , or to carry , any toilet , sink , basement , septic tank , cesspool , industrial waste or any fixture or device discharging polluting substances , to any open ditch , drain , or drainage structure installed solely for street or highway drainage purposes in the city of Yorkville . 2 . This ordinance is intended to and shall be in addition to all other ordinances , state statutes , rules and regulations concerning pollution and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. 3. Any person , firm, or corporation violating this ordinance shall be fined not less than /d dollars nor more than /Q Q dollars* for each offense , and a separate offense shall be deemed committed for each and every day during which a violation continues or exists . Passed and adopted by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE , Kendall County , Illinois , this /.aft day of etL`.0 / , A . D . , 19 4? . Deposited in this City Clerk ' s office the kirk- day of �s��c.cc4y , A . D .. 19 gg O / 'a7‘//45?? ' �l � dR ATTEc. ` L CIT CLERK `Amount of Penalty Optional AVIlw EXHIBIT "C" ORDINANCE NO . /9/3 -'/ AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE , KENDALL COUNTY , ILLINOIS . WHEREAS , the UNITED CITY OF VILLAGE OF YORKVILLE , Kendall County , Illinois , hereinafter known as the CITY , and the State of Illinois acting by and through its Department of Transportation , hereinafter called the STATE , have entered into an agreement relative to the improvement of Bridge Street ( Illinois Route 47 , F . A. Route 100 , Section ( 130 & l09) REBR ) , from Hydraulic Street to Main Street ; and , WHEREAS , in order to facilitate said improvement , it is necessary for the CITY to adopt an ordinance regulating encroachments on the right of way for said improvement in accordance with the following definitions : ROADWAY RIGHT OF WAY is defined as those areas existing or acquired by dedication or by fee simple for highway purposes ; also , the areas acquired by temporary easement during the time the easement is in effect ; PROJECT RIGHT OF WAY is- defined as those areas within the project right of way lines established jointly by the CITY , STATE , and the Federal Highway Administration which will be free of encroach- ments except as hereinafter defined ; ENCROACHMENT is defined as any building , fence , sign or any other structure or object of any kind (with the exception of utilities and public road signs ) , which is placed , located or maintained , in , on , under or over any portion of the project right of way or the roadway right of way where no project right of way has been established . PERMISSIBLE ENCROACHMENT is defined as any existing awning , marquee , advertising sign or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the highway , the permissive retention of overhanging signs is not to be construed \as being applicable to those signs supported from poles constructed outside the project right of way line and not confined by adjacent buildings ; • CONSTRUCTION EASEMENT area is defined as the area 1 y i n.t ,),, t ,v.. yf the project right of way limits and the patted , treet liits within which the CITY , by concurrence in the establishgent ot the project right of way lines , wi l l peri i t the Mate to et ,. ! to perform all necessary construction operations ; and , WHEREAS , representatives of the CITY , the STATE , Federal Highway Administration have , by visual inspectH■f . cooperatively established project right of way lines and na ;e mutually determined the disposition of encroachments , NOW , THEREFORE , BE IT ORDAINED , by the UNITED CITY TH- VILLAGE OF YORKVILLE , Kendall County , Illinois : SECTION I : It shall be unlawful for any Person , fir or corporation to erect or cause to be erected , to retain or to be retained , any ENCROACHMENT ( herein above defined ) , .pith r, the limits of the project right of way or roadway right of where no project right of way lines have been established . SECTION 2 : This ordinance is intended to and shall he in Addition to all other ordinances , rules and regulations con - cerning encroachments and shall not be construed as repealin :; or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith . SECTION 3 : Any person , firm or corporation violating tnis ordinance shall be fined not less than ( S /0 ) nor more than (S /CC ) for each offense , and a separate offense shall ^e JeeeJ committed for each and every day during which a violation continues or exists SECTION 4 : This ordinance shall be published within qc days after its passage in a newspaper having a general circulation in the UNITED CITY or THE VILLAGE Illinois , and shall be in full force and ,• flect after its publication and approval as specified by law . Passed and adopted by the City Council of the LU TEL OF THE VILLAGE OF YORKVILLE , Kendall CeontY , Illinois , this ale day of ti .u.0-J , A . D . . I9 n the City Clerk ' s oWf i ce the ,L3/- da " -�— 0 yam/ 1 ATTEST : tom— CITY CLERK PARCEL NO. 3BA0004 T. E . F . A. Route 100 ( Ill . 47) Section (13D & 109) R & BR Job No. R-93-014- 78 Kendall County Sta. 111+56. 10 to the Fox River TEMPORARY CONSTRUCTION EASEMENT The Grantor , the UNITED CITY OF THE VILLAGE OF YORKVILLE , A MUNICIPAL CORPORATION of the County of Kendall and State of Illinois , pursuant to authority of Paragraph 158A , Chapter 30 of the Illinois Revised Statutes of 1979 and in conformity with the authority given by the legislative body of said Municipal Corporation by resolution adopted by A ,tmo=tl"ii-r.ds majority at a meeting duly held on the 431 day of 91p/;K;�, 'j , 198 .5 for and in consideration of the sum of One Dollar ($ 1 . 00) and other valuable considerations , in hand paid , the raeipt of which is hereby acknowledged , hereby represents that it owns the fee simple title to and does by these presents grant to the PEOPLE OF THE STATE OF ILLINOIS , DEPARTMENT OF TRANSPORTATION, the right , easement , and privilege to enter upon the following described land for the purpos$ of building removal , for improving F.A. P . Route 100 (Illinois Route 47) and for a staging area to facilitate construction of said improvement , to-wit : That part of Lot 1 in Block 5 of Black ' s Addition to the village of Yorkville , described as follows : Beginning at the point of intersection of the West line of said Lot I with the south bank .of the Fox River ; thence Southerly along the West line of said' Lot to a point 102 feet North of the South line of said Lot 1 ; thence East parallel with the South line of said lot , 100 feet ; thence North parallel with the West line of said lot to the south bank of the Fox River; thence Westerly along said river bank to the point of beginning, in the village of Yorkville , Kendall County , Illinois . The right , easement and privilege granted herein shall terminate on the completion of the construction project . The Grantor , hereby waives all damage of every name and nature that may accrue to the Grantor, or its assigns on the premises above described , because of aforesaid work. IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto subscribed by its MAYOR and its duly attested Corporate Seal to be hereunto affixed by its CITY CLERK this /.3f( day of 96AwaA7 , 19$ 23 . UNITED CITY OF THE VILLAGE OF YORKVILLE , A MUNICIPAL CO:ORATION irle _ / ayor o , (CORPORATE SEAL) ATTEST : 44c4 R_— 4' &Ll...AAIA,W) (C,i t Y Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) 1 , /�� /�/ , a Notary Public in and for < U�'ed! sat' • ou y �f the S ate aforesaid , hereb rtify that t„.!/:21,,,t_ __&. , MAYOR, and C tnnit, , OF YORICVILLE A MUNICIPAL CITY / ERK, o t >'e UNITED CITY OF THE VILLA , CORPO •ATION , who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such MAYOR and CITY CLERK, appeared before me this day in person and severally acknowledged that they signed , sealed and delivered the said instrument of writing as their free and voluntary act and as the free and voluntary act of the UNITED CITY OF THE VILLAGE OF YORKVILLE , for the uses and purposes therein set forth , and pursuant to the authority given by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE end caused the Corporate Seal of said Municipal Corporation to be thereto affixed. Given under my hand and Notarial Seal this /a day of A . D . , 198 . . 6.?///5244r--- o ary Public (SEAL) • My Commission Expires ��cf AC" RESOLUTION NO. g 9- /9g3 A RESOLUTION GRANTING A TEMPORARY EASEMENT TO THE STATE OF ILLINOIS , DEPARTMENT OF TRANSPORTATION WHEREAS , the Department of Transportation of the State of Illinois is in the process of acquiring property rights for the construction of a new bridge across the Fox River in the United City of the Village of Yorkville , Illinois ; and WHEREAS , the Department of Transportation of the State of Illinois is in need of a temporary easement over a tract of land owned by the United City of the Village of Yorkville for the purpose of constructing said bridge ; and WHEREAS , the United City of the Village of Yorkville desires to grant a temporary easement to the Department of Transportation of the State of Illinois ; NOW, THEREFORE , BE IT RESOLVED by the City Council of the United City of the Village of Yorkville as follows , to-wit : 1 . The Mayor and the City Clerk of the United City of the Village of Yorkville be , and they are hereby , authorized and directed to execute and attest an easement granting to the Department of ransportation of the State of Illinois an easement over and across a certain tract of land as more fully set forth in a Temporary Construction Easement , attached hereto and made a part hereof by reference, for the uses and purposes therein set forth . 2. This Resolution shall be in full force and effect from and after its passage by a favorable vote of two-thirds of the City Council and approval in the names provided by law. Passed this 4'y day of C ,gt kc. , 198 3 A . D . Ayes S Nayes O , Absent 0 Approved this / / day of , 198 3 A . D . *AI � . - _/- ayor / , ATTEST : 62uJuao--) City 'Clerk • • CERTIFICATION STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I , LUANNE J . ERICKSON , Clerk in and for the UNITED CITY OF THE VILLAGE OF YORKVILLE , do hereby certify the foregoing to be a true , perfect , and correct copy of a Resolution adopted by the City Council of the United City of the Village of Yorkville at a meeting on the /A A day of (1t-ht-A4 , 198 3 A. D . IN TESTIMONY WHEREOF , I have hereunto set my hand and seal this /3 /X. _ day of 9-6At , 198 ,9 ,K 1 rk . &kJ1L1 "4 ty Cie • A D D E N D U M op T 0 A G R E E M E N T This Addendum, entered into this day of 9.eumija_17 , 198 3 , by the STATE OF ILLINOIS and through its DEPARTMENT OF TRANSPORTATION , hereinafter called the STATE , and the UNITED CITY OF THE VILLAGE OF YORKVILLE of the State of Illinois , hereinafter called the CITY . WITNESSETH WHEREAS , the STATE and CITY entered into an Agreement on December 19 , 1980 to functionally replace the CITY ' S existing library facility ; and WHEREAS , said Agreement provided in paragraph 9 therein that upon receipts of final payment for the costs of the replacement facility , the CITY would deed to the STATE the right of way needed for highway purposes for the sum of $ 18 , 300. 00 ; and WHEREAS , the STATE and CITY desire to revise the compensation for the right of way needed for highway purposes to include an exchange of equivalent interests of land. NOW, THEREFORE , the STATE and CITY mutually agree that paragraph 9 of said Agreement is hereby amended as follows , to-wit : 9. CITY agrees that upon receipts of final payment for engineering and :construction costs of the replacement facility , it will convey to the STATE all the rights , title and interest in and to that portion of the CITY property presently in public use and needed as right of way for highway purposes for and in consideration thereof , the STATE will convey to the CITY an equivalent interest of land located adjacent to said CITY property plus the sum of one thousand five hundred sixty dollars ($ 1 , 560 . 00) . The properties to be exchanged are described in "Exhibit A" attached hereto and made a part hereof. STATE OF ILLINOIS , acting by and through its Department of Transportation Secretary ATTEST: Director , Division of Highways Department of Transportation UNITED CITY OF THE VILLAGE OF YORKVILLE By: . �,•r _ . _� %._.�� Leroy E. ane'r' , May. ATTEST : Lu nne J . Erickson City Clerk EXHIBIT A DESCRIPTION OF PROPERTY TO BE CONVEYED TO THE STATE A part of Lot 1 , Block 5 of Black' s Addition to the Village of Yorkville , Kendall County , Illinois , being more particularly described as follows : Beginning at a point on the west line of said Lot�� 1Ea r the which 102 . 00 feet along an assumed bearing of North 00 11 ' 19" Corner of said Lot 1 , said point being 24. 94 feet right of Station 111 +52 . 67 on a survey centerline of F . A. Route 100 , as said survey centerline is now surveyed and staked for the Department of Transportation of the State of Illinois ; thence along an assumed bearing of North 86° 26' 29" East , 30. 27 feet to a point 55 . 00 feet right of Station 111+56 . 10 on said centerline ; thence along a 1204. 92� foot radius curve concave to the west , central angle 2° 04 ' 01" , feet (chord bearing North 02° 03' 47" East , 43. 32 feet) to a point 55 . 00 feet right of Station 111+97. 44 on said centerline ; thence North 01 ° 01 ' 46" West , along a line 55 feet east of and parallel with said centerline to a point on the south bank of the Fox River ; thence westerly along said south bank to the west line of said Lot 1 ; thence southerly along the west line of said Lot 1 to the point of beginning , together with any right , title or interest whatsoever , the Grantor may have in and to the bed of the Fox River , lying north of and adjacent to the above described real estate. DESCRIPTION OF PROPERTY TO BE CONVEYED TO THE CITY A part of Lot 1 , Block 5 of Black ' s Addition to the Village of Yorkville , Kendall County , Illinois , being more particularly described as follows : Commencing at the southwest corner of said Lot 1 , said corner being 32 .94 feet right of Station 110+50. 95 on a survey centerline of F. A. Route 100 ( Illinois 47) , as said survey centerline is now surveyed and staked for the Department of Transportation of the State of Illinois ; thence along an assumed bearing of North 86° 26 ' 29" East along the south line of said Lot 1 for a distance of 22 . 24 feet to the true point of beginning , said point being 55 . 00 feet right of Station 110+53 . 85 on said centerline ; thence continuing North 86° 26 ' 29" East along the south line of said Lot 1 for a distance of 77. 76 feet to a point 132 . 09 feet right of Station 110+64. 99 on said centerline ; thence North 00° 11 ' 29" West , parallel with the west line of said Lot 1 , for a distance of 102 . 00 feet to a point 124. 29 feet right of Station 11 . 39n said h centerline ; thence South 86° 26 ' 29" West , par line of said Lot 1 , for a distance of 69. 73 a1l6l t to a to tth 55 . 00 feet right of Station 111 +56 . 10 on said centerline ; thence along a 1200 . 92 foot radius curve concave to the west , central angle 2° 52 ' 09" , 60. 14 feet (chord bearing South 04° 31 ' 51 " West , 60 . 13 feet) to a point of reverse curvature being 55 . 00 feet right of Station 110+98. 72 on said centerline ; thence along a 1090. 92 4foot radius curve concave to the east , central angle 00° 09 ' 49" . feet (chord bearing South 04° 50 ' 38" West 42 . 71 feet ) to the true point of beginning .