Ordinance 2001-16 EXHIBIT 4
Page 1 of 2
ORDINANCE NO.
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC
RIGHT OF WAY IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
WHEREAS, the city of Yorkville, Illinois, 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 installation of traffic signals at the intersection of Illinois Route 47 and
Cannonball Trail Road located within the city of Yorkville.
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 Nith 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 tim 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
here 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.
Section 2: This ordinance is intended to and shall be in addition to all other ordina ces, rules, and regulations
concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part
of any ordinance unless in direct conflict therewith.
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Sectjb,,,3- Any person, firm, or c. ,oration violating this ordinance shall L ned riot less than
Twenty-five and 00/100-------------- Dollars ($ 25.00 ) nor more than
Five hundred Dollars ($500.00 )for each offense, and a separate offense shall be
iemed committed for each and every day during which a violation continues ore ists.
Section 4: This ordinance shall be published one time within ten days after its passage in a newspaper having
a general circulation in Yorkville, Illinois, and shall be in full force and effect after its passage, publication, and
approval as provided by law.
PASSED AND APPROVED THIS k')—: DAY OF \ , 2001.
Ayes p Nays C11) P bstain
ATTEST:
-7 ly�
Mayor Arthur Prochas a Deborah K. Simmons
2001
7
P348d EXHIBIT #5
AN ORDINANCE R � I
PROHIBITING THE CONNECTION OF SANITARY SEWAGE AND INDUSTRIAL
WASTE WATER INTO STORM SEWERS AND OTHER HIGHWAY DRAINAGE SYSTEMS
BE IT ORDAINED, by the city of Yorkville, Kendall County, Illinois:
Section 1 . It shall be unlawful for any person, firm or corporation,
or institution, public or private. to connect or cause to be
connected, any drain carrying, or to carry, any toilet. sink,
basement, septic tank, cesspool , industrial waste or any fixture or or
device discharging polluting s lnc to
drain,
drainage structure installed solely for street or hi ghway drainage
Purposes in the city of Yorkville.
Section 2. This ordinance is intended to and shall be in addition to
all other ordinances, State statutes, rules and regulations
concerning pollution and shall not be construed as repealing or
rescinding any- other ordinance or part of any ordinance unless in
direct conflict herewith.
Section 3. Any person, firm, Qr, ation violating this rdinance
shall bed, 3n t ess than I 4- Dollars ($ -SAD� ). nor an
more thari'� Dollars (S ,a ) for eac h offense.evry day
separate offense s mm
ll be deemed committed for
during which a violation continues or exists.
THE CITY OF YORKVILLE WILL CONTINUE ITS APPROVED:
ENFORCEMENT OF ORDINANCE 94-4 PROHIBITING
CONNECTION OF SANITARY SEWAGE &WASTE
TO STORM SEWER&OTHER HIGHWAY DRAINAGE
SYSTEMS
STATE OF ILLINOIS )
CITY OF YORKVILLE )
COUNTY OF KENDALL � Q)
e- Al��SoA
PASSED: I, A C )
NJctrc� AV Ci ty Cl erk i n and for the city of
SIGNED• Yorkville hereby certify the
foregoing to perfect, and
complete copy of an
by the Yorkvill City Council t is
meeting on
1994. MG rc/�
(SEAL) city Clerk'
Illinois Route 47 (FAP 326) @
Cannonball Trail Road
Section 108 TS
MFT Section 01-00026-00-LT
Kendall County
(City of Yorkville, Illinois)
AGREEMENT
This agreement is entered into by and between the State of Illinois, through its Department of Transportation,
hereinafter called the STATE, and the city of Yorkville of Kendall County, Illinois, hereinafter called the CITY.
WHEREAS, to facilitate the free flow of traffic and ensure safety to the motoring public, the STATE and CITY
are desirous of installing traffic signals at the intersection of Illinois Route 47 (FAP 326) and Cannonball Trail
Road (FAS 1262/County Highway 10), identified as State Section 108 TS, MFT Section 01-00026-00-LT (see
attached location map attached hereto as Exhibit 1).
WHEREAS, the CITY will assume 100 percent of the total costs for the installation of roadway lighting, plus an
additional 15 percent for preliminary and construction engineering.
WHEREAS, the STATE will assume 100 percent of the traffic signal installation and advanced flashing beacon
cost plus an additional 15 percent for preliminary and construction engineering.
WHEREAS, upon completion of the traffic signal installation work, the CITY will assume electrical energy costs
and responsibility of maintaining the traffic signals, the advanced flashing beacon on the south leg of Illinois
Route 47 and roadway lighting.
WHEREAS, the CITY is desirous of the said improvement in that same will be of immediate benefit to CITY
sidents and permanent in nature.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree hereto as
follows:
1. The STATE agrees to make the surveys, 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. The STATE agrees to pay all construction and engineering costs subject to reimbursement by the CITY as
hereinafter stipulated.
Total State City
Traffic Signal Installation (Including Combination $120,000 $120,000 $0
Lighting Foundation and Poles) (100%) (0%)
Four Combination Highway Lighting Units (Cable, $8,000 $0 $8,000
Conduit, Controller& Luminaire) (100%)
Subtotal $128,000 $120,000 $8,000
Engineering (15%) $19,200 $18,000 $1,200
tal $147,200 $138,000 $9,200
Say $9,500
1
3. THe CITY agrees to reimburse the STATE for 100 percent cost of combination roadway lighting. Total
estimated cost to the CITY for said roadway lighting is $8,000 plus an additional 15 percent for
engineering.
4. The CITY's participation shall be predicated on the percentages shown above for the specified work. The
CITY's cost shall be determined by multiplying the final quantities times contract prices plus 15 percent for
engineering.
5. The CITY has passed a resolution appropriating $9,500 to reimburse the STATE for installation of
combination roadway lighting. A copy of the resolution is attached hereto as Exhibit#2 and made a part
hereof.
6. Upon completion of the subject project and as long as Illinois Route 47 is used s a state highway, the
STATE will continue to maintain or cause to maintain the 12 foot wide through and left turn lanes, roadway
shoulders, ditches and right of way of Illinois Route 47.
7. The CITY will retain its jurisdiction of the west leg of Cannonball Trail Road.
8. Upon final field inspection of the improvement, the CITY agrees to maintain or cause to be maintained
those portions of the improvement which are not maintained by the STATE including stop line
markings, CITY owned utilities including appurtenances thereto and highway lighting including
furnishing the electrical energy. The CITY further agrees to maintain the "Traffic Signal Ahead" signing
to be placed on the east leg of County Highway 10 and the west leg of Cannonball Trail Road in
advance of the traffic signals at Illinois Route 47.
9. The CITY agrees to cause its utilities, located on right of way acquired by the STATE or installed within
the limits of a roadway after the said roadway was taken for maintenance by the STATE, to be
relocated and/or adjusted at no expense to the STATE.
10. The CITY agrees to provide, prior to the STATE's advertising for the work to be performed hereunder,
approval of the plans and specifications as prepared by resolution or letter.
11. Upon acceptance by the STATE of installation of traffic signals at the intersection of Illinois Route 47
and Cannonball Trail Road, the financial responsibility for maintenance and electrical energy of the said
signals, including advanced flashing beacon on south leg of Illinois Route 47; shall be proportioned as
follows:
INTERSECTION LEVEL OF MAINTENANCE ELECTRICAL ENERGY
MAINTENANCE
Illinois 47 at I State — 50% State —0%
Cannonball Trail Rd. City— 50% City— 100%
It is mutually agreed that the actual signal and advanced flashing beacon maintenance will be
performed by the CITY either with its own forces or through an ongoing contractual agreement.
It is further agreed that the signals shall be maintained at least to Level of Maintenance I, which is
specified in the attached Exhibit No. 6 and made a part hereof.
It is mutually agreed the STATE reserves the right to control the sequence and timing of the traffic
signals.
2
Upon acceptance by th ATE of the traffic signal installation(, eluded herein, the responsibility for
maintenance and energy outlined above shall become a part of the Master Agreement executed by the
STATE and the CITY on July 16, 1980.
2. The STATE agrees to make arrangements with the local power company to furnish electrical energy for
the operation of the traffic signals and roadway lighting. The STATE will assume this cost as billed by
the local power company.
13. The CITY will adopt and put into effect, prior to advertising work to be performed hereunder, an
ordinance regulating parking at the intersection of Illinois Route 47 and Cannonball Trail Road, a copy
of which is attached hereto as Exhibit 3 and made a part hereof.
14. The CITY will adopt and put into effect an ordinance, prior to advertising work to be performed
hereunder, an ordinance regulating encroachment upon the Illinois Route 47 and Cannonball Trail
Road intersection; a copy of which is attached hereto as Exhibit 4 and made a part hereof.
15. The CITY will continue to enforce its existing ordinance prohibiting the connection of sanitary or waste
sewers to storm sewer drainage systems, which are attached hereto as Exhibit 5 and made a part
hereof.
16. This agreement and thb covenants contained herein shall be null and void in the event the contract
covering the construction work, contemplated herein, is not awarded by July 1, 2003.
This agreement shall be binding upon and inure to the benefit of the parties, their successors, and assigns.
Executed on Behalf of the STATE OF ILLINOIS, Executed on Behalf of the
DEPA TMENT OF T�RANSP�ORTATIO CITY OF YORKVILLE
i
Jisttic tE n g i n e 6 r -Arthur Prochaska, ayor
March 16. 2001
Date Date
ATTEST
Deborah K. Simmons, City Clerk
Date
(SEAu)
3
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TRAFFIC SIGNALS WITH COMBINATION
5
ROADWAY LIGHTING TO BE CONSTRUCTED �-(NE�N� 2 1
AT INTERSECTION OF IL. ROUTE 47 & N� 16
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LOCATION 3 _
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ILLINOIS ROUTE 47 (FAP 326) @
,�° Foy
CANNONBALL TRAIL ROAD I 126
rr STATE SECTION 108 TS
CITY MFT SECTION 01-00026-00-LT
KENDALL COUNTY i
(CITY OF YORKVILLE, IL) 9 10 Ir