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 .
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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?? '
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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 .