Ordinance 1990-24A 386-
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ORDINANCE N0.
AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC
RIGHT OF WAY IN THE CITY OF YORKVILLE, 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 Illinois
Route 47 also known as Bridge Street, beginning at the CITY'S south
corporate limits and extending southerly to Illinois Route 126,
designated as State Section (109)W&RS-4.
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 areas 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 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 lane 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 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.
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NOW, THEREFORE BE IT ORDAINED by the city council of Yorkville,
Kendall County, Illinois:
Section 1 : It shall be unlawful for any person, firm or corporation
o erec 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
aTT--otF—er ordinances, 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.
Section 3: Any person, firm or corporation violating this ordinance
sia11—fie fined not less than FiftY Dollars ($ 50-00 ) nor more
thanFive HundrecDollars ($ 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 (1 ) time within ten
TTO7—days after its passage in a newspaper having a general
circulation in the city of 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
, 1990
Mayor
ATTEST:
City Clerk
Date