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Ordinance 1994-04 3 2*348d ` AN ORDINANCE 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 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, or c p ation violating this rdinance shall be in t ess than Dollars ($ �S� D ) , nor more thaiv, Dollars ($1,0272T ) for each offense, and a separate offense sh-&ll be deemed committed for each and every day during which a violation continues or exists. APPROVED: A STATE OF ILLINOIS ) CITY OF YORKVILLE ) COUNTY OF KENDALL ) PASSED: 9� I, \'1A(C-fl 1)P w LQ . e March A° - City Clerk in and for the city of SIGNED: Yorkville hereby certify the foregoing to be a true, perfect, and complete copy of an Ordinance adopted by the Yorkvill City Council t 'ts 9f 1 meeting on 1994. MCI e<-- o (SEAL) Ci y Clerk 8 - MFT Section 93-00013-00-TL Section No.•. • �Gnois De rtme State: (13 C) I Transportation Local Agency: City Or Yorkille Kcal Agency Job No.C- 93-048-94 'Joint Agreement County Kendall Agreement No.: J- -' This AGREEMENT entered into by and between the State of Illinois,acting by and through its Department o 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: Illinois Route 47 _(FAP 326 ) LA Street Name: Bridge Street Termini: From ±150 ' South of Spring St. Northerlv ±880 ' to Park St 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 1 The State Agrees: 1. To make the surveys, obtain all necessary right-of-way, (if required), prepare plans and specifications, re- ceive bids and award the contract,furnish engineering inspection during construction and cause the improve- ment to be built in accordance with the plans,specifications and contract. 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. 3. Upon final field inspection of the improvement and so long as the route is used as a State Highway,to maintain or cause to be 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 s 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 spe- cifications as prepared, by resolution or letter. d. 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. 8. To 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. Rn 917. § y U f Q o (D 9. Upon final field inspection of the improvement to maintain or cause to be maintained those G CO tions of the improvement which are not maintained by the State including: V I_, ❑ A. Parking lanes and the curb and gutter adjacent thereto ❑ ❑ B. 1-lighway lighting system including furnishing the electrical energy therefore. C. Storm Sewers and Appurtenances i� ❑ ❑ (1) Applicable when storm sewer system constructed for State highway drainage only: to perform those functions necessary to keep the sewer in a servicable 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 plus structural failures to a maximum length of 12 feet between adjacent manholes. The maintenance, repair and/or reconstruction of storm sewers constructed as part of this improvement beyond the aforedescribed responsibilities shall be that of the State. i ❑ ❑ (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 servicable 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 plus structural failures to a maximum length of 12 feet between adjacent manholes. 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 mutally agreed: '01 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 July 16, , 1980 . ❑ ❑ ❑ 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 succes- sors and assigns. i Article IV Location Map, Ex, A-3 , and 3 additional ordinances Attached hereto and made a part hereof are Attachments , which either amend the aforesaid covenants and/or supplement the terms of this Agreement. a S Exe�u, on behalf of LA State of Illinois, Department of Transportation th s ay o Executed on behalf of the State By ` this�fs7 yof ��� 19 I Title ` V District Engineer Attest 01 Q IQ on 7171A a 09 Fty _ _ CW co IT 34 M a Q ' L6 ..J FAP 591 HILLCREST qVE Q N It a LEISURE ST I UNINC. ' PLEASURE ST 47 C� GEORGEANNA ST N � Z y UNINC. WALNUT -- ST F- N w f- O > JACKSON ST 2 ¢ O MAR? APPLE TREE S ST J LL YORKVILLE LA 1. O ' HIGH SCHOOL N, ¢ w CITY ¢: ' LL OFFICES PARK m ST ' w • Q ¢ O w Q N ELMWOOD p 1 JT CEMETERY SONIOWAUK w r F- y SPRING ST SPRING 1 � l'- N \ , w y to \\ CENTER 3 2 LIMITS OF 2 ¢ PAnK,{. PROJECT = o� RD W. MAIN iST:` E. J. u MAIN �` O' i ST 3 s ¢ O. �a RIVER S ST Co.. U 3' U > Q W (T J N �� O HYDRAULIC AN E i r � N N N N H ' VAN EMMON N N 2t0 N ST 24 N MADISON CH 24 EXT Q e CH 24 ST , COURT EXT Joao ST p HOUSE ' RIOGE • HALL E. ' LOCATION MAP j Ej E FFERSON CH1 ST ILL. ROUTE 47 FAP 326) EXT® FOx STATE SECTION 13C)I �� MFT SECT, 93-00013-00-TL �� WASHINGT ON M KENDALL COUNTY IL.) 1Ir (CITY OF YORKVILLE, N U. n l 2348d EXHIBIT A DESCRIPTION OF IMPROVEMENT The subject project, identified as Illinois Route 47 (FAP 326) , State Section (130I, MFT Section 93-00013-00-TL, will include the following work: A. Widen the existing 24' wide pavement to a variable 28' to 40' wide curb and gutter pavement section so to acccommodate two 12' wide through traffic lanes and one 12' wide left turn lane on each the north and south legs of Route 47 at its intersection with Somonauk Street. The widened pavement will be resurfaced with 2 1/2" of bituminous concrete and appropriate pavement markings will be applied to channelize traffic. B. Install traffic signals at the Route 47 and Somonauk Street intersection. C. Increase the turning radii at the Route 47 intersection with Spring, Somonauk, and Park Streets. Curb and gutter will be extended to the radius returns of these intersecting local streets. D. Perform all other work necessary to complete the improvement in accordance with the approved plans and specifications. i 2348d EXHIBIT B DIVISION OF COSTS It is mutually agreed by and between the parties hereto that an estimated cost and cost distribution for the improvement of Illinois Route 47 (Bridge Street) from ±150' south of Spring Street extending northerly ±880 to Park Street, identified as State Section (13C)I, MFT Section 93-00013-00-TL, be as follows: TOTAL FEDERAL STATE CITY Road Construction $135,000 $121 ,500 $ 13,500 $0 (90X) (10X) Traffic Signals $ 80,000 $ 72,000 $ 4,000 $4,000 190%) (5%) (5X) Subtotal $215,000 $193,500 $ 17,500 $4,000 Engineering (15X) $ 32,250 $ 29,025 $ 2,625 $ 600 Land Acquisition $ 50,000 $ 40,000 $ 10,000 $ 0 (80X) (20X) Totals $297,250 $262,525 $ 30,125 $4,600 Say $5,000 The CITY's share of cost for traffic signal installation will not exceed 125 percent of the $4,000 stated above, plus 15 percent engineering. 2 2348d EXHIBIT C RESOLUTION NO. G' - APPROPRIATION OF FUNDS FOR TRAFFIC SIGNALS AT ILLINOIS ROUTE 47 AND SOMONAUK STREET WHEREAS, the city of Yorkville of Kendall County, Illinois, hereinafter called the CITY, has entered into an agreement with the state of Illinois through its Department of Transportation, hereinafter called the STATE, of which the said parties are to participate in sharing certain costs for improving a portion of Illinois Route 47 within the CITY's corporate limits; identified under State Section (13 C)I and MFT Section 93-00013-00-TL. WHEREAS, in compliance with the aforementioned agreement, it is necessary for the CITY to appropriate MOTOR FUEL TAX FUNDS and/or OTHER FUNDS to pay its reimbursement to the STATE for the engineering and construction costs installing traffic signals at the intersection of Illinois Route 47 (Bridge Street) and Somonauk Street. NOW, THEREFORE, BE IT RESOLVED that there is appropriated the sum of FIVE THOUSAND DOLLARS ($5,000) 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 costs of installing traffic signals, as provided in the agreement, and BE IT FURTHER RESOLVED that upon award of the contract for this improvement, the CITY will pay the Department of Transportation of the State of Illinois in a lump sum from any funds allotted to the CITY under the Motor Fuel Tax Laws, an amount equal to 95 percent of its obligation incurred under the said agreement and will pay to the said Department the remainder of its obligation in a lump sum, upon completion of the project, based upon final bid unit prices. The CITY's actual monetary reimbursement obligation to the STATE will be based on final bid unit prices of the awarded contract. BE IT FURTHER RESOLVED that the CITY agrees to pass a supplemental resolution to provide additional funds if the amount appropriated herein proves to be insufficient to cover its share of the costs. APPROVED: STATE OF ILLINOIS) ) SS CITY OF YORKVILLE) STATE OF ILLINOIS I, 'X�c�m a �► �e S . P%IIi*--p DEPARTMENT OF TRANSPORTATION City Clem, in and for the city of Yorkville, hereby certify the foregoing to be a true, perfect, and complete copy of the resolution adopted n byAe City Cypncil at a meeting on Kn� �• Q-�rn, ZF J 1994. District Engineer — arcs, /° IN TESTI NY WHEREOF, : ereunto set my h and seal is day of 994. qtr /o th ler Date: 47. 1994 2348d EXHIBIT D TRAFFIC SIGNAL MAINTENANCE AND ENERGY COST DISTRIBUTION Upon acceptance by the STATE of the new traffic signal installation, the financial responsibility for maintenance and electrical energy for the operation of the signals shall be proportioned as follows: LEVEL OF ELECTRICAL INTERSECTION MAINTENANCE MAINTENANCE ENERGY Illinois 47 I (Bridge Street at Somonauk Street) State Share 50% 0% City Share 50% 100% It is mutually agreed that the actual signal 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 will be maintained to at least the levels of maintenance shown above and specified in the attached Exhibit D-1 made part hereof. Upon acceptance by the STATE of the new traffic signal installation(s) included herein, the responsibility for maintenance and energy outlined above shall become a part to the Master Agreement executed by the STATE and CITY on July 16, 1980. The STATE retains the right to control the sequence and timing of the traffic control signals installed at the said intersection. 4