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Resolution 2001-64 COPY EXHIBIT C RESOLUTION NO. pp1 APPROPRIATION OF FUNDS FOR INSTALLATION OF TRAFFIC SIGNALS, ROADWAY LIGHTING, AND INTERCONNECT CABLE AT THE RELOCATED U.S. ROUTE 34 AND MCHUGH ROAD INTERSECTION WHEREAS, on February 22, 2001, the city of Yorkville of Kendall County, Illinois, did enter into an agreement with the state of Illinois, through its Department of Transportation, hereinafter called the STATE. The said agreement cited share of cost participation between the CITY and STATE for improving U.S. Route 34 between Orchard Road and a point 870' east of Illinois Route 47, including realigning the south leg of McHugh Road and installing traffic signals at the newly relocated intersection with U.S. Route 34. WHEREAS, rapid development of the U.S. Route 34 corridor east of Illinois Route 47 has resulted in the construction of an additional intersection both east and west of the realigned McHugh Road intersection. Developers to be accomplished through permits from the STATE to construct the two additional intersections and install traffic signals. These developments have necessitated the STATE.to revise its plans for improving U.S. Route 34 to complement the additional intersections and accommodate anticipated increases in traffic. WHEREAS, due to changes in scope of improvements to U.S. Route 34 and differing costs, the February 22, 2001 joint agreement entered into by the STATE and CITY is not applicable. Therefore, the CITY hereby j declares the February 22, 2001 agreement and related funding appropriation resolution #2001-11 to be hereby nullified and void and replaced with the terms of this resolution as hereinafter stated. WHEREAS, the CITY and STATE have entered into an agreement relating to the widening of U.S. Route 34 '--�AP 591) from 800' east of Illinois Route 47 easterly 0.6 mile to 100' east of Tuma Road, identified as State Section (12 & 13C)TS&I, Village MFT Section 01-00024-00-TL. Included in the project is the installation of traffic signals and roadway lighting at the relocated McHugh Road and installation of interconnect cable. This resolution and latest agreement replaces the February 22, 2001 city-state agreement and resolution #2001-11 judged to be null and void by the CITY. Ordinances #2001-13, #2001-14, and #94-4 regulating parking, encroachment on public right of way and prohibiting connection of sanitary sewer to be highway drainage systems shall remain in force and effect. WHEREAS, in compliance with the proposed widening of Route 34 and construction of traffic signals, roadway lighting and interconnect cable cited in the latest agreement, it is necessary for the CITY to appropriate Motor Fuel Tax Funds and/or other funds to pay its reimbursement to the STATE to pay its engineering and construction costs of traffic signals, roadway lighting, and interconnect cable. NOW, THEREFORE, BE IT RESOLVED that there is appropriated the sum of FORTY-FOUR THOUSAND DOLLARS ($44,000) or so much thereof as may be necessary from money now and hereinafter allotted to the CITY under the provisions of the Motor Fuel Tax Law, to pay its share of engineering and construction of traffic signals, roadway lighting and interconnect cable as providing in the latest agreement. BE IT FURTHER RESOLVED that upon receipt of the first and subsequent progress payments made to the contractor, the CITY will pay to the Illinois Department of Transportation of the state of Illinois, to and from funds allotted to the CITY, an amount equal to the CITY's share of$44,000 divided by the estimated construction costs, $676,000, multiplied by the actual progress payment made to the contractor until the entire obligation incurred under the Agreement has been paid, based upon final bid unit prices. 4 BE IT FURTHER RESOLVED tha} `he CITY agrees to pass a supplement-' -esolution to provide additional funds if the amount appropriated I.,ein proves to be insufficient to cover i.,,,6hare of the costs. Passed and ap roved by the City Council of Yorkville, Kendall County, Illinois, this \3 ' day of , 2001. u APPROVED: STATE OF ILLINOIS ) CITY OF YORKVILLE ) Arthur Prochaska, Mayor I; immons, City Clerk, in and for the city of Yorkville, hereby certify the foregoing to be a true, perfect, and complete copy of the resolution adopted by the Yorkville City Council at a meeting on , 2001. STATE OF ILLINOIS IN TESTIMONY WHEREOF, I have hereunto set DEPARTMENT OF TRANSPORTATION my hand and seal this day of 2001. District Engineer City erk , 2001 3 U/1td,jf S y�gi7..-� � 1 0�a n III �•, •�✓ f i 5 EXHIBIT D TRAFFIC SIGNAL MAINTENANCE AND ENERGY COST DISTRIBUTION Upon acceptance by the STATE of installation of traffic signals and highway lighting, the financial responsibility for maintenance and electrical energy of the said signals and roadway lighting at the following intersections shall be proportioned as follows: INTERSECTION LEVEL OF ELECTRICAL MAINTENANCE MAINTENANCE ENERGY Traffic Signals: U.S. 34 @ I 50% State McHugh Road 50% City Combination Roadway 1 0% State 0% State Lighting: U.S. 34 @ 100% City 100% City McHugh Road Traffic Signals: U.S. 34 @ 1 67% State Countryside Road (By 33% City Developer Permit) Traffic Signals: Illinois 47 1 67% State ' @ Landmark Drive (By 33% City Developer Via Permit) Payment for Energy Costs. The STATE will reimburse YORKVILLE for 50 percent proportionate share of such energy charges incurred between July 1, 2001 and June 30, 2002. The STATE will reimburse YORKVILLE for 100 percent of the STATE's proportionate share of the energy charges beginning July 1, 2002. It is mutually agreed that the actual signal maintenance at the above listed intersections will be performed by the CITY, either with its own forces or through an ongoing contractual agreement. Traffic signals shall be maintained to at least Level of Maintenance 1, specified in the ongoing master agreement. The STATE will reimburse the CITY for the said maintenance in accordance with the billing process outlined in the master intergovernmental agreement for local agency maintenance of traffic control devices, entered into by the STATE and the CITY on July 6, 2001. The maintenance and energy responsibilities outlined will become part of the same July 6, 2001 intergovernmental master agreement. 6 u � ORDINANCE NO. REGULATING PARKING ON U.S. ROUTE 34 WITHIN YORKVILLE WHEREAS, the city of Yorkville of Kendall County, Illinois has entered into an agreement with the State of Illinois for the improvement of U.S. Route 34 (FAP 591), Section (108N)RS-1, (13C & 12)RS-4, TS&, MFT Section 01-00024-00-TL, extending from Yorkville's east corporate limits westerly to Illinois Route 47. NOW, THEREFORE, BE IT ORDAINED by the city of Yorkville of Kendall County, Illinois. SECTION 1: That in order to provide the health, safety, and welfare of its citizens, parking will be prohibited on both sides of U.S. Route 34 from Yorkville's east to its west corporate limits. SECTION 2: Any person, firm, or corporation violating the provisions of this ordinance shall be fined not less than $ 25. 00 nor more than $500. 00 for each offense. SECTION 3: The CITY will enact further ordinances requiring parking restrictions at locations immediately adjacent to the improvement as may be determined to be necessary by the STATE from results of traffic capacity studies when construction of the above described state section has been completed and the highway has resumed normal operations. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form, as provided by law. PASSED this day of �, .� 2- , 2001. AYES NAYES ABSTAIN b APPROVED: Arthur Prochaska, Ma or Deborah Simmons, City Clerk Page 1 of 2 ORDINANCE NO. AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF YORKVILLE OF KENDALL COUNTY, ILLINOIS WHEREAS, the city of Yorkville, hereinafter known as the CITY, and the state of Illinois, acting by and through its Department of Transportation, Division of Highways, hereinafter known as the STATE, have entered into an agreement relative to the improvement of U.S. Route 34 (FAP 591), State Section (108N)RS-1, (13C & 12)RS-4, TS&I, City MFT Section 01-00024-00-TL. The said project extends from the CITY's east corporate limits westerly to Illinois Route 47. 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 definition: 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 within the project right of way lines established jointly by the City, State, and the Federal Highway Administration which will be free of encroachments except as hereinafter defined; Encroachment is defined as any building, fence, sign (excluding certain signs located over sidewalks), 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 line 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 pedestrian traffic and 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 area lying between the project right of way limits and the platted street limits within which the CITY, by concurrence in the establishment of the project right of way lines, will permit the STATE to enter to perform all necessary construction operations; and WHEREAS; representatives of the CITY and the STATE have cooperatively established project right of way lines and have mutually determined the disposition of encroachments. NOW, THEREFORE, BE IT ORDAINED by the city of Yorkville, Kendall County, Illinois: Section 1: It shall be unlawful for any person, firm, or corporation to erect or cause to be erected, to retain or cause to be retained, any ENCROACHMENT (herein above defined), within the limits of the project right of way or roadway right of way where no project right of way lines have been established. L.- Section 2: This ordinance is 'ended to and shall be in addition to all -'her ordinances, rules, and regulations concerning encrc,.iments and shall not be construed as,,�ealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. Section 3: Any person, firm, or corporation violating this ordinance shall be fined not less than twenty-five and 00/loo-------------------- Dollars ($25. 00 ) nor more than five hundred and 00/100-------- Dollars ($ 500. 00 )for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. Section 4: This ordinance shall be published one time within ten days after its passage in a newspaper having a general circulation in Yorkville, Illinois, and shall be in full force and effect after its passage, publication, and approval as provided by law. PASSED AND APPROVED THIS DAY OF 2001. AYES NAYES ABSTAIN (� APPROVED: i Arthur Prochaska, Mayor ATTEST: 1 Deborah Simmons, City Clerk THE CT' OF YORKVILLE WILL CONTINUE ITS " `FORCEMENT OF ORDINANCE 94-4 PROHJ.�,.LNG CONNECTION OF SANITARY SEW,,,AND WASTE WATER INTO STORM SEWERS AND OTHER HIGHWAY DRAINAGE SYSTEMS AN ORDINANCE T PROHIBITING THE CONNECTION OF SANITARY SEWAGE AND INDUSTRIAL WASTE WATER INTO STORM SEWERS AND OTHER HIGHWAY DRAINAGE SYSTEMS BE IT ORDAINED, by the city of Yorkville, Kendall County, Illinois: Section 1 . It shall be unlawful for any person, firm or 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. Section Z. 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 herewith. Section 3. Any person, firm, r c p ation violating this rdinance shall be n t ess than � - Dollars (S aS� O ) , nor. more tharT"�W %'V Dollars ($90E),-DO' SSnD.a ) for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. APPROVED: V STATE OF ILLINOIS ) CITY OF YORKVILLE ) COUNTY OF KENDALL ) PASSED: �d — I, L�PtCh. IPt c �Q Ar�,50� Ala ee,47 ,,l° City Clerk in and for the city of LJ SIGNED: Yorkville hereby certify the foregoing to be a true, perfect, and complete copy of an Ordinance adopted by the Yorkvill City Council t is meeting on 1994. (SEAL) Ci t{y Clerk r"'� _ ,�', a --- Project: United City of Yorkville LETTER OF 800 Game Farm Road TRANSMITTAL Yorkville, Illinois 60560 Date. 10: RE: WE ARE FORWARDING TO YOU: ❑ Estimates ❑ Proposal ❑ Reports ❑ Plans ❑ Prints ❑ Under separate cover via: ❑ Shop Drawings ❑ Samples ❑ Speeccifici tions ❑ Copy. of letter ❑ Change Order lam= NO. OF DATE N0. DESCRIPTION COPIES \\ (.� �``1 �2\,�'i{ • t 1 .f ` Via... Fes. l.r :Nr L o' ' THESE ARE TRANSMITTED [] For approval ❑ Submit copies for review ❑ No exceptions taken For your use ❑ Submit copies for distribution ❑ Make corrections noted Cf Er.Az requested ❑ Return corrected prints ❑ Amend and resubmit ❑ For review and comment ❑ PLEASE NOTE: CC: United City of Yorkville, �. By' Illinois De artmerl Section No.: (12 & 13C)TS&I h MFT: 01-00024-00-TL of Transportation— Local Agency Local Agency: City of Yorkville Job No. C-93-122-01 Joint Agreement County Kendall Agreement No.: J-N 302004 _ This AGREEMENT entered into by and between the State of Illinois, acting by and through its Department of Transportation Hereinafter called the State, and the city of Yorkville of the State of Illinois, hereinafter called the LA. WITNESSETH Whereas, the State, in order to facilitate the free flow of traffic and insure safety to the motoring public, is desirous of making the improvements described in Exhibit A attached hereto and made a part hereof and further identified as follows: and Route: U.S. 34 (FAP 591) LA Street Name: N/A Termini: From 800'east of Illinois 47 easterly 0.6 mile to 100' east of Tuma Road. Whereas, the LA is desirous of said improvements in that same will be of immediate benefit to the LA residents and permanent in nature; Now, therefore, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Article The State Agrees: 1. To make the surveys, obtain all necessary right-of-way, (if required), prepare plans and specifications, receive bids and award the contract, furnish engineering inspection during construction and cause the improvement to be built in accordance with the plans, specifications and contract. 2. To pay all right of way (if applicable), construction and engineering costs, including the cost of any Railroad adjustments, subject to reimbursement by the LA as hereinafter stipulated. The State will negotiate with the Railroad(s)for any required adjustments. Jpon final field inspection of the improvement and so long as the route is used as a State Highway, to maintain or cause to N—*Eie maintained, the median, the through traffic lanes, left and right turn lanes and the curb and gutter or stabilized shoulders and ditches adjacent to those lanes. Article II The LA Agrees: 1. To reimburse the State for its share of construction, engineering and/or right-of-way costs as determined in Exhibit B attached hereto and made a part hereof and in the manner described in Exhibit C. 2.To pass a resolution appropriating sufficient funds to pay its share of the cost of this improvement a copy of which is attached hereto as Exhibit C and made a part hereof and will pass a supplemental resolution if the original amount appropriated is insufficient to cover their final costs. 3.To adopt, prior to the State advertising for bids, or continue to enforce an ordinance requiring parking within the designated parking lanes be parallel to the curbs and prohibited at all other locations within the limits of the improvement, a copy of which is attached hereto and will in the future, prohibit parking at such locations on or immediately adjacent to the improvement as may be determined necessary by the State from traffic capacity studies. 4. To adopt, prior to the State advertising for bids, or continue to enforce an ordinance relative to the disposition of encroachments and prohibiting in the future any new encroachments within the limits of the improvement, a copy of which is attached hereto. The disposition of encroachments will be cooperatively determined with LA and State representatives. 5.To provide prior to the State advertising for the work to be performed hereunder approval of the plans and specifications as prepared, by resolution or letter. 6.To prohibit driveway entrance openings to be made in the curb, as constructed, without the written consent of the State. 7. To exercise its franchise right to cause private utilities to be relocated at no expense to the State. �..io cause LA owned utilities located on right of way acquired by the State or installed within the limits of a roadway after the said roadway was taken over for maintenance by the State, to be relocated and/or adjusted at no expense to the State. .. d CL) 4) U L Q d R �! U n. Q Q CL o Q)Q 9. Upon final field inspection of the improvement to maintain or cause to be maintained those portions Q z Q of the improvement which are not maintained by the State including: K ❑ ❑ A. Parking lanes and the curb and gutter adjacent thereto ❑ ❑ B: Highway lighting system including furnishing the electrical energy therefore C. Storm Sewers and Appurtenances *❑ ❑ ❑ (1) Applicable when storm sewer system constructed for State highway drainage only: to perform those functions necessary to keep the sewer in a serviceable condition including cleaning sewer lines, inlets, manholes and catch basins along with the repair or replacement of inlet, manhole and catch basins'frames, grates or lids. The maintenance, repair and/or reconstruction of storm sewers constructed as part of this improvement beyond the afore described responsibilities shall be that of the State. ❑ ❑ ❑ (2) Applicable when storm sewer system constructed as a joint LA and State use facility: to perform those functions necessary to keep the sewer in a serviceable condition including cleaning sewer lines, inlets, manholes and catch basins along with the repair or replacement of inlet, manholes and catch basins'frames, grates or lids. The LA and State shall share the cost of maintenance, except as aforedescribed, repair and/or reconstruction of the joint use sewer(s)to the same proportioning as the sewers initial construction costs were proportioned. ❑ ❑ ❑ D. Sidewalks, parkways, guardrails, crosswalk and stopline markings and LA owned utilities 'including the appurtenances thereto. ❑ ❑ ❑ 10. To adopt, prior to the State advertising for bids, or continue to enforce an ordinance prohibiting the discharge of sanitary sewers and industrial waste into any storm sewer or drainage facility constructed as a part of this improvement, a copy of which is attached hereto. Article III It is mutually agreed: 1. Traffic signal maintenance and the electrical energy therefore shall: ❑ ❑ A. Continue to'be as outlined in the Master Agreement executed by The State and LA on ❑ ❑ ❑ B. Be proportioned between the parties hereto in accordance with Exhibit D attached hereto and made a part hereof. 2. This Agreement and the covenants contained herein shall be null and void in the event a contract covering the construction work contemplated herein is not awarded within three years subsequent to execution of the Agreement. 3. This Agreement shall be binding upon and to the benefit of the parties hereto their successors and assigns. Article IV Attached hereto and made a part hereof are Attachments which either amend the aforesaid covenants and/or supplement the terms of this Agreement. Executed on behalf of the LA State of Illinois, Department of Transportation this �3 day of 2001 Executed on behalf of the State „Y,,.,,,, By this 3rd day December 2001 �Ftee Mayor of Yorkville c eZ ! /�istrict Engineer City Clerk -tooti 'wy�a `lon TO -ZOO2 •wlha 1007, 'aw9s. \00ti ..,Wl3a 18 oy ��vwarr�i 4r I"r4%rf*JL30 dw a07, y y .30tin i L P S(1 .•tea ,w `� � � � — - - - - - - - - - ^ 00 7, ed SL 3a�s� Iooz al Ko v'�o� 11 w�Ha �A�SJI"ur+no� � O�r�wa a� u - rn "' �a 's 1 •N � Jon y y"13d SL M �• ilF ii I EXHIBIT DESCRIPTION OF IMPROVEMENT The subject project, identified as U.S. Route 34 (FAP 591), State Section (12 & 13C)TS&1, Village MFT Secticr 01-00024-00-TL, begins approximately 800' east of Illinois Route 47 and extends 0.6 mile to approximately 100' east of Tuma Road in Yorkville, Illinois. Pavement Widening—Widen U.S. Route 34 to a three lane pavement section (one through lane for each direction of traffic and one bi-directional turn lane) to complement three intersections being previously constructed via separate contracts. In summer 2001, the STATE has let a contract to realign the existing south leg of McHugh Road. Through the permit process, one developer is to construct a new three legged intersection of Marketplace Drive located approximately 1,100' east of Illinois Route 47. A second developer, via a permit, is to construct a new three legged intersection of Countryside Road located approximately 400' east of Tuma Road. Pavement width will differ at the three intersections as cited in the following paragraphs. McHugh Road Intersection — Route 34 will be widened to a 48' width/four lane pavement section at the relocated McHugh Road intersection. The west leg of the intersection will consist of one 12' wide westbound through lane and for eastbound traffic, one left turn, one through lane, and one right turn lane. The east leg wil! consist of one through lane for eastbound traffic and for westbound traffic, one through lane, one right turn lane, and one left turn lane. All lanes will be 12' wide. Curb and gutter will be constructed at the intersection. Traffic signals with combination roadway lighting will also be installed, of which the city will be required to assume 10 percent of the engineering and construction costs of the traffic signals and 100 percent of all costs associated with the roadway lighting. A master controller for interconnection will be included with the McHugh load project. A battery backup system also will be installed. N Turning radii to the south leg of McHugh Road will be increased to properly match the widened Route 34. A short pavement section will be constructed to the north radius return of the intersection. Being 40' in width, the north stubbed pavement will properly match the city's planned three lane pavement to the north. All road .construction north of the north radius return will be the full responsibility and cost of the city of Yorkville and/or developer. U.S. Route 34 at Countryside Intersection —Widening of Route 34 from a point 1,100' east of relocated McHugh Road easterly to 600' east of Countryside Road will be the full responsibility of the developer through the city of Yorkville's submittal of a permit to the IDOT, District 3 office. This portion of Route 34 will also be widened to a three lane roadway consisting of one through lane for each direction of traffic and a bi-directional turn lane, except at Countryside Road where exclusive left turn lanes will serve the intersection. Four foot wide bituminous shoulders will be provided. All lanes will be 12' wide. Traffic signals will be installed. Interconnect cable will be installed by the STATE along Route 34 from the Countryside Road controller to a hand hole near Tuma Road. U.S. Route 34 and Marketplace Drive Intersection — Route 34 will be widened to a four lane roadway consisting of one through lane for each direction of traffic, one westbound left turn lane, and one future eastbound right turn lane. This work by the STATE will complete the Marketplace Drive entrance constructed under permit by the developer. The CITY will cause the developer via the permit process to install traffic signals at this same intersection when future traffic volume warrants are met. Interconnect Cable —The CITY will assume 100 percent costs of all interconnect cable to be housed in conduit 'at is to be installed by either the STATE or the various developers via permits. All interconnect cable will be ,, rstalled by the STATE. The interconnection will tie the following intersections togeher: Landmark/Illinois Route 47, U.S. Route 34/I11inois Route 47, McHugh/U.S. Route 34, Countryside/U.S. Route 34, and future 1 ' /'\ /'1 signalization at U.S. Route 34/Marketplace Drive. Interconnections are ar"-ipated to the north and west of the U.S. Route 34 and Illinois Route ntersection on future projects separat,,.om and not a part of this contract. All other work necessary to complete the project will be performed in accordance with approved plans and - specifications. u U 2 /'� I I i"1 /"� EXHIBIT B COST DISTRIBUTION is mutually agreed by and between the parties hereto that an estimated cost and cost distribution for the `T(iprovement of U.S. Route 34 (FAP 591) from 800' east of Illinois Route 47 easterly 0.6 mile to 700' east of Tuma Road identified as State Section (12 & 13)TS&I, Village MFT Section 01-00024-00-TL, be as follows: TOTAL FEDERAL STATE CITY Road Construction $450,000 $360,000 $90,000 $0 (80%) (20%) Traffic Signals: $200,-000 $160,000 $20,000 '$20,000 U.S. 34 @ McHugh (80%) (10%) (10%) Road Combination $8,000 $0 $0 $8,000 Roadway Lighting: (100%) U.S. 34 @ McHugh Road Modify Controller at $8,000 $6,400 $1,600 $0 U.S. 34 & (80%) (20%) Illinois 47 Interconnect Cable $10,000 $0 $0 $10,000 (100%) 'ubtotal $676,000 $526,400 $111,600 $38,000 u -Engineering (15%)' $101,400 $78,960 $16,740 $5,700' Land Acquisition $550,000 $0 $550,000 $0 Totals $1,327,400 $605,360 $678,340 $43,700 SAY $44,000 ' The CITY's share of cost for permanent traffic signals will not exceed 125 percent of the $20,000 stated above plus 15 percent for engineering. 3 -- r� r� I I _ �� ��