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Ordinance 1986-11A • ADDENDUM #3 ORDINANCE NO. i �; ; --A PROVIDING FOR ADDING JURISDI ONAL TRANSFERRED ROUTE TO THE CITY STREET SYSTEM WHEREAS, the CITY OF YORKVILLE, ILLINOIS and the STATE OF ILLINOIS did enter into an agreement under the date of Se tember S , 1986 for the improvement of H.B. Route 157, also known as Game Farm Roa and WHEREAS, the aforementioned agreement provided that upon completion of the improvement and its acceptance by the STATE, the CITY would assume the jurisdiction of the specified route. NOW, THEREFORE, BE IT ORDAINED, that H.B. Route 157, also known as Game Farm Road, from the City's corporate limits, located +435 feet south of U.S. Route 34, thence southerly +1165 feet to the City' s corporate limits located near the Bristol Game Farm, be added to the City Street System of the City of Yorkville, upon completion of the improvement and notification of its acceptance by the STATE. This ordinance shall be published one timescwithin 14 days after its • passage in a newspaper having a general circulation Tn the City of Yorkville, Illinois, and shall be in full force and effect after its passage, publication and approval by law. Passed and approved this Sthday of September 1986. Mayor ROBERT E. DAVIDSON, JR. ATTEST: i ty Clerk (SEAL) September S, 1986 Date 16 , A JOINT AGREEMENT INVOLVING THE CITY OF YORKVILLE, BRISTOL TOWNSHIP AND THE STATE OF ILLINOIS FOR THE IMPROVEMENT OF U.S. ROUTE 34 AND H.B. ROUTE 157 (GAME FARM ROAD;, BOTH WITHIN AND NEAR THE CITY OF YORKVILLE r U.S. Route 34 (FAP 591 ) and Game Farm Road State Section 13R-1 & 13 BR-1 City Section 85-00010-00-TL Kendall County City of Yorkville & Bristol Township AGREEMENT This AGREEMENT, entered into this Sth day of September 1986 A.D. , by and between the State of Illino�s,acating by and through its Department of Transportation, hereinafter called the STATE, and the City of Yorkville, of the State of Illinois, hereinafter called the CITY, and the Township of Bristol , Kendall County, Illinois, hereinafter called the TOWNSHIP. WITNESSETH: WHEREAS, to facilitate the froe flow of traffic and insure safety to the motoring public, the CITY, TOWNSHIP and STATE are desirous of having the following two separate roadways improved, those being: 1 ) U.S. Route 34 (FAP Route 591 ) , known as State Section 13R-1 and 13BR-1 , City Section 85-00010-00-17L from +230 feet west of Ill . Route 47 and extending westward to a point +725 feet west of Cannonball Trail Road; and 2) H.B. Route 157, known as Game Farm Road, from its intersection with U.S. Route 34 on the north and extending southward +2000 feet to the north edge of the Bristol Game Farm. The proposed improvements consist of the following construction: U.S. Route 34 from West of Illinois Route 47 to west of Cannonball Trail Road A. ) Widen and resurface the existing 24 foot wide pavement to provide: - two 12-foot traffic lanes and a 14-foot median/12-foot left turn lane from +700 feed west to +400 feet east of Cannonball Trail Road. - two 12-foot traffic lanes from +400 feet east of Cannonball Trail Road to Blackberry Creek. - two 12-foot traffic lanes and a 14-foot median (except for a 12-foot left turn lane at Game Farm Road) from Blackberry Creek to +460 feet west of Center Parkway. - four 11-foot traffic lanes and an 11-foot left turn lane ►rom +460 feet west to +260 feet east of Center Parkway. 1 U.S. Route 34 (FAP 591 ) and Game Farm Road State Section 13R-1 & 13BR-1 City Section 85-00010-00-TL Kendall County City of Yorkville & Bristol Township replace the existing concrete median with bituminous pavement from +160 feet east to +850 feet east of Center Parkway. B. ) Remove and replace the existing 26 foot wide bridge (#047-0005) located on U.S. Route 34 and spanning Blackberry Creek approximately 0.60 miles west of Illinois Route l+7, with a new structure having, a horizontal clearance of 40 feet; and C. ) Raise the profile grade of the U.S. Route 34/Game Farm Road intersection; and subsequently the grade line of nearby Blackberry Creek Bridge; and D. ) Install traffic signals at the intersection of U.S. Route 34 and Center Parkway; and Game Farm Road (H.B. 157) from U.S. Route 34 thence southward + 2000 Feet A. ) Remove and replace existing pavement to realign the existing grade profile of Game Farm Road from its intersection with U.S. Route 34 and extending southward for a total distance of approximately 600 feet, and provide a roadway width of 30 foot wide (face to face) urban type section with combination curb and gutter, storm sewer and appurtenances to facilitate proper drainage and resurface with 3 inches of bituminous concrete; and B. ) Widen the existing 20 foot pavement to 22 feet and resurface with 3 inches of bituminous material from a point approximately 600 feet south of U.S. Route 34 and extending southward approximately 1400 feet to near the vicinity of the Bristol Game Farm; and 2 U.S. Route 34 (FAP 591 ) and Game Farm Road State Section 13R-1 & 13BR-1 City Section 85-00010-00-TL Kendall County City of Yorkville & Bristol Township C. ) Construct a 4-foot P.C.C. sidewalk along the eastside of Game Farm Road beginning at a point approximately 360 feet north of Pleasure Street and extending southward approximately 1 ,300 feet to near the vicinity of the Bristol Game Farm of which the STATE and CITY will each share (50%) in its cost. 0. ) Construct approximately 320 feet of additional sidewalk along the east side of Game Farm Road beyond the aforedescribed project limits, beginning at the south terminus of the roadway improvement and proceeding southward +320 feet, of which the CITY will reimburse the STATE for the entire cost (100%) of its construction; and by performing all other work necessary to complete the improvement in accordance with approved plans and specifications; and WHEREAS, both the CITY and the TOWNSHIP are desirous of the said improvement in that same will be of immediate benefit to CITY and TOWNSHIP residents and permanent in nature; and WHEREAS, two separate portions of H.B. Route 157/Game Farm Road presently lie within Yorkville' s corporate limits and subsequently are under the jurisdiction of the CITY, those being from U.S. Route 34 on the north to a point +435 feet to the south, and from the Yorkville city limits, located +1600 feet south of U.S. Route 34 (near the Bristol Came Farm) and points southward. 3 U.S. Route 34 (FAP 591 ) and Game Farm Road State Section 13R-1 & 13BR-1 City Section 85-00010-00-TL Kendall County City of Yorkville & Bristol Township WHEREAS, a +1165 foot portion of H.B. Route 157/Game Farm Road presently -lies outside the City of Yorkville' s corporate limits and is subsequently under the jurisdiction of the TOWNSHIP, beginning at a point +435 feet south of U.S. Route 34, thence southward +1165 feet to the City of Yorkville' s corporate limits located +450 feet south of Pleasure Street. WHEREAS, the CITY will retain its jurisdiction of those portions of H.B. Route 157/Game Farm Road which presently lie within its corporate limits, upon completion. of the road improvement. WHEREAS, in order to establish continuity to the jurisdiction of the improved H.B. Route 157/Game Farm Road, it has been determined that is is in the public' s best interest that, upon completion of the described improvements, the CITY assume jurisdiction of those portions of Game Farm Road which presently lie outside its corporate limits and are presently under the jurisdiction of the TOWNSHIP. WHEREAS, the TOWNSHIP is desirous of transferring its present jurisdiction of that portion of Game Farm Road which lies outside Yorkville' s corporate limits, to the CITY. WHEREAS, the TOWNSHIP will not be required to share in any of the cost for the aforedescribed improvements. 4 U.J. KUULe J4 krHr Oyl ) and Game Farm Road State Section 13R-1 & 13BR-1 City Section 85-00010-00-TL Kendall County City of Yorkville & Bristol Township WHEREAS, the CITY has expressed its desire to assume the jurisdiction of said portions of Game Farm Road by having executed a Resolution of Intent, a copy of which is attached as Addendum #9 and made a part hereof. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree 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. 3. ) It is mutually agreed by and between the parties hereto that an estimated cost and cost distribution of the improvement is as follows: 5 r U.S. Route 34 (FAP 591 ) ' and Game Farm Road State Section 13R-1 & 13BR-1 City Section 85-00010-00-TL Kendall County City of Yorkville & Bristol Township (NOTE: The TOWNSHIP will not be subjected to any costs for the improvement and subsequently is not included in the table below. ) TOTAL FEDERAL STATE CITY Est. Engineering (15%) $ 222,800 $219,600 $ 3,100 Est. Construction (North 6000' Ga+sla Farr Road) $ 51 ,900 $ 38,900 (75%) $ 13,000 (25%) 0 Est. Construction (Remainder of Game Farm Road) $ 50,500 0 $ 50,500 0 Sidewalk Construction (Within Project Limits $ 14,400 0 $ 7,200 (50%) $ 7,200 (50%; Sidewalk Construction (Outside Project Limits) $ 3,500 0 0 $ 3,500 (100%) E4.. Construction (U.S. Route 34 Roadway) $ 638,800 $ 479,100 (75%) $159,700 (25%) 0 Est. Construction (Blackberry Cr. Br. ) $ 645,000 $ 516,000 (80%) $129,000 (20%) 0 Traffic Signals (U.S 34 at Center Parkway) $ 80,000 $ 60,000 (75%) $ 10,000 (12.5%) $ 10,000 (12.5%) $1 ,706,900 $1 ,094,000 $589,000 $23,800 4. ) The CITY agrees to reimburse the STATE for their proportionate share of engineering and construction costs for traffic signals and sidewalks based on actual costs applied to the percentages shown in numbered paragraph 3. The estimated cost to the CITY is $23,800. 6 U.S. Route 34 (FAP 591 ) and Game Farm Road State Section 13R-1 & 13BR-1 City Section 85-00010-00-TL Kendall County City of Yorkville & Bristol Township 5. ) The CITY has passed a resolution appropriating $23,800 to reimburse the STATE for the work described in paragraphs 4 and 5 as herein provided, a copy of which is attached hereto as Addendum #4 and made a part hereof. 6. ) The CITY has agreed to assume jurisdiction of H.B. Route 157, also known as Game Farm Road, from its existing corporate limits located +435 feet south of U.S. Route 34, thence southward +1165 to the existing corporate limits located +450 feet south of Pleasure St. (T.R. #592) , upon completion of the aforedescribed improvement and notification of its acceptance by the STATE. 7. ) The TOWNSHIP and CITY have formally documented jurisdictional transfer of that portion of HB Route 157/Game Farm Road described in paragraph #6 from the TOWNSHIP Road District System to the CITY Road System, by each approving the BLR 1602 Form Agreement, which is attached hereto as Addendum #1 and made a part hereof. 8. ) - This Agreement is contingent upon the TOWNSHIP meeting the statutory requirements of Section 6-305 of the Illinois Highway Code prior to the STATE advertising for bids. 9. ) In compliance with Section 6-305 of the Illinois Highway Code, the TOWNSHIP'S Road District Commissioner hereto agrees to hold a hearing for transferring that portion of H.B. Route 157/Game Farm Road, presently under the TOWNSHIP'S jurisidction, to the Street System of the City of Yorkville, Illinois, and shall attached hereto as Addendum #2, a copy of the order as made and provided by such statute. 7 U.S. Route 34 (FAP 591 ) and Game Farm Road State Section 13R-1 & 13BR-1 City Section 85-00010-00-TL Kendall County City of Yorkville & Bristol Township 10. ) The CITY has passed a resolution adding said portion of Game Farm Road, as described in paragraph 6, to its City Road System, a copy of which is attached as Addendum #3 and made a part hereto. 11 . ) The CITY has adopted, and will put into effect prior to this work to be performed hereunder, an ordinance requiring that parking be prohibited within the limits of the U.S. Route 34 improvement, a copy of which is attached hereto as Addendum #5, 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. 12. ) The CITY has adopted and will put into effect, prior to the STATE'S advertising for the work to be performed hereunder, an appropriate 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 as Addendum #6. Such disposition of encroachment shall be cooperatively determined with representatives of the CITY and the STATE. 13. ) The CITY will continue to enforce its City Ordinance No. 1983-3 adopted on January 13, 1983, a copy of which is attached as Addendum #7, which prohibits the discharge of sanitary sewage and industrial waste water into any storm sewers or other drainage facilities within the CITY. 14. ) The CITY agrees to regulate or cause to be regulated, on a continuing basis, the use of highway right of way utilities in a manner set forth 8 U.S. Route 34 (FAP 5911 and Game Farm Road State Section 13R-1 & 13BR-1 City Section 85-00010-00-TL Kendall County City of Yorkville & Bristol Township in the STATE'S current Utility Accommodation Policy applicable to the highway system involved. 15. ) The CITY shall exercise its franchise right to cause private utilities to be relocated at no expense to the STATE. 16. ) The CITY agrees not to permit driveway entrance openings to be made in the curb, along U.S. Route 34, as constructed without the consent of the STATE. 17. ) Upon completion of the improvement, the STATE agrees to maintain or cause to be maintained all thru and turning lanes and the curb and gutter which are a part of U.S. Route 34. 18. ) Upon completion of the improvement, the CITY agrees to maintain those portions of the improvement along U.S. Route 34 which are not to be maintained by the STATE, including all sidewalks, manholes, catch basins, storm sewers, utilities and appurtenances. Game Farm Road, in its entirety, will be maintained by the CITY. 19. ) 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: Intersection Level of Maintenance Maintenance Electrical Energy S. 34 & I enter Parkway State Share 50% 0 City Share 50% 100% 9 U. S. Route 34 (FAP 591 ) and Game Farm Road State Section 13R-1 & 13BR-1 City Section 85-00010-00-TL Kendall County City of Yorkville & Bristol Township 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 shall be maintained to at least the Levels of Maintenance shown above and specified in the attached Addendum #8, and made a part hereof. Upon acceptance by the STATE of the new traffic signal installation included herein, the responsibility for maintenance and energy outlined above shall become a part of the Master Agreement executed by the STATE and CITY on July 16, 1980. The STATE agrees to make arrangements with the local power company to furnish the electrical energy for the operation of the traffic signals. The CITY agrees to pay this total cost as billed by the local power company. 20. ) The CITY agrees to provide, prior to the STATE'S advertising for work to be performed hereunder, approval of the plans and specifications as prepared by resolution or letter. 21 . ) The STATE agrees to invite a CITY and TOWNSHIP representative to inspect the completed construction work prior to the acceptance of the improvement by the STATE. 10 U.S. Route 34 (FAP 591 ) and Game Farm Road State Section 13R-1 & 13BR-1 City Section 85-00010-00-TL Kendall County City of Yorkville & Bristol Township 22. ) This Agreement and the covenants contained herein shall be null and void in the event the contract covering the construction work contemplated herein is not awarded by August 1 , 1987. 23. ) This Agreement shall be binding and inure to the benefit of the parties hereto, their successors and assigns. STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION CITY OF YORKVILLE /� Director of Highways Mayor ROBERT E. DAVTDSON, JR. September S 1986 BRISTOL TOWNSHIP TGWNSHIP/HIGHWAY COMMISSIONEF FLOYD l DS September S 1986 9 11 \� _N G� R CT yon r q w LN w ROUTES 34FIMPROVEMENT PG�Q 2 m P BRIDGE REPLACEMENT mom 34 0 I 9qP 1 _ 91 FA P 29 CORPORATE F MITS ao a: �o • PORTION OF H.B. RTE 157/ GAME FARM RD. OF WHICH JURISDICTION IS TO BE cr 47 TRANSFERRED FROM THE a PLEASUrc ' LIMITS OF THE H.B. RTE. 157/ TOWNSHIP TO THE CITY GAME FARM RD. IMPROVEMENT { G�OR ANNA nn aa� I +v�C r N WALNUT ►-' UNINC CORPORA,TE ~ .,. �, J� APPLE REE LN w W Bristol Game Form 1 � Y H.S, PARK w a � S �G.S. ST \ jElmwood AA y Cem. N N SPRIN N: CENTER 29 �=-. 0 MAI cc :,....�...,.. .,�:,..wi,.....t.�:...raa++rt-.•,�:.ci...,cl,,.:�sr-:-:_rt ..le._.�.._.e4.+ad..::.._...., �..: ::-.iu�. --- .. -,.. .. ....� .._.........-.._:...,`�.......s...,,._......_...._..._......_.�.... ... ADDENDUM #1 STATE OF ILLINOIS LOCAL AGENCY NO. 1 (CONVEYOR) LOCAL AGENCY NO. 2 (RECIPIENT) DEPT. OF TRANSPORTATION Municipality N/A Municipal t Yorkville LOCAL AGENCY Township/ Bristol Township/ N/A AGREEMENT Road District Road District FOR JURISDICTIONAL TRANSFER County N A County This agreement Is made and entered into between the above Local Agency No. I, hereinafter referred to as "CONVEYOR", and the above Local Agency No. 2, hereinafter referred to as "RECIPIENT", to transfer the jurisdiction of the designated location from the CONVEYOR to the RECIPIENT. LOCATION DESCRIPTION Name Game Farm Road Route H.B. Route 157 Length t 1600' MI les ±0.30 mi . Termini From the Yorkville corporate limits located ±400 feet south of U.S. Route 34 thence southward +1165 ' to Yorkville corporate limits located near the Bristol Game Farm. This transfer does/does not include Structure No..N/A (Include or Municipalities Only) WHEREAS, the authority to make changes to the Municipal Street System is granted to the Municipality by Section 7-101 of the Illinois Highway Code, and NOW THEREFORE IT IS AGREED that the corporate authority of said municipality will pass an ordinance providing for the transfer of the above location and shall attach hereto a coo of th" ordinance and t ___es *a *he cetipi*y Wlqhoay 167-0am is t d Include for ownsh p oad Districts Only WHEREAS, the authority to make changes to the Township/Road District System Is granted to the Highway Commis- sioner under Section 6-305 of the Illinois Highway Code, and T're GQNVE*GA AGAGES +0 prepa a a iep a! the above leaa+len a d a*#oe# a cap, e4 9_81% 106-0.eg pop 06-0— I i IT IS MUTUALLY AGREED, that this jurisdictional transfer will become effective Upon completion of i the road's improvement (as aforedescribed in the related agreement) and,notification of its acceptance by the State. SUPPLEMENTS Additional information and/or stipulations, If any, are hereby attached and identified below as being apart of this agreement. I Supplement ADDENDUMS 2-9 nsert supp emen numcers or letters and page numbers, If app cable. IT IS FURTHER AGREED, that the provisions of this agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. APPROVED BY CONVEYOR APPROVED BY RECIPIENT Name FLOYD WOODS Name ROBERT F. DA\TIDSON, JR. Title BRISTOL T01'NSHIP 111(HVAY C0NIMISSIONF.R Title MAYOR hairman T d ayo V E-1—09—n--r Chairman County, sident etc Signature �< Signature)( C cry^-waL�o e�� BLR 1602 (4-85) 12 Addendum #2 MEMORANDUM OF DECISION AND FINAL ORDER OF THE HIGHWAY COMMISSIONER OF BRISTOL TOWNSHIP ROAD DISTRICT KENDALL COUNTY, ILLINOIS WHEREAS, on the 2111 day of ,hale , 1986, there was delivered to the undersigned Highway Commissioner of the Bristol Township Road District, Kendall County, Illinois a CERTIFICATE requesting that the Bristol Township Road District relinquish jurisdiction of a road presently under its Township Road System, as follows: CERTIFICATE In accordance with Sections 6-301 through 6-329 of the Illinois Highway Code, it is hereby certified that it is in the public's interest to transfer jurisdiction, from the Bristol Township Road District System to the City of Yorkville, Illinois Street System, a portion of H.B. Route 157 also known as Game Farm Road, beginning at the City of Yorkville' s corporate limits located +435 feet south of U.S. Route 34, thence southward +1165 feet to t- e City of Yorkville' s corporate limits located +450 feet south of Pleasure Street. The Bristol Township Road District Commissioner will follow the procedures as set forth in the above named sections of the Illinois Highway Code by holding a public hearing and thereafter enter into an agreement with the City of Yorkville and the State of Ilinois, through its Department of Transportation, to transfer jurisdiction of this section of highway to the City of Yorkville, Illinois. WHEREUPON, said Highway Commissioner, fixed upon the 26th day of June , 1986, at the hour of 7;00 P.M. as the time , and Yorkville Kendall County, Illinois as the place, at which time and place said Highway Commissioner would meet and be present to examine said road so proposed from change in jurisdiction and hear and consider reasons for or against the proposed jurisdictional change; thereupon said Highway Commissioner gave public notice of the time and place of such public meeting and hearing on said CERTIFICATE by delivering a copy thereof to Mr. Joseph Gaesser, County Superintendent of 13 Highways of Kendall County, Illinois, and publishing a notice thereof in the Kendall County Record , a newspaper of general circulation in said Bristol TOWNSHIP, which notice was published on June 12 1986, more than ten days prior to the 26th day of June 1986, the date of the hearing. And said Highway Commissioner having met at the time and place so appointed and having examined the said road proposed for transfer of jurisdiction; and having received from the Illinois Department of Transportation an Agreement (as attached) , by which the State would cause said road to be improved before said transfer; and having heard no objections; said Highway Commissioner did make a preliminary decision that it is in the public and economic interest to grant the prayer of the CERTIFICATE. There being no objections; surveys of said road having been made; a Final Hearing was held at the said time and place. And said Highway Commissioner did find that is it in the public and economic interest to grant the prayer of said CERTIFICATE. IT IS, THEREFORE, ,FURTHER DETERMINED AND ORDERED by the Highway Commissioner of the Bristol Township Road District, Kendall County, Illinois, that the jurisdiction of the road described in said CERTIFICATE be transferred from Bristol Township Road District System to the City of Yorkville, Illinois Street System, subject to the following conditions: 14 1 . ) Said road shall remain under the jurisdiction of the Township until such time as it is improved as stated in the Agreement. 2. ) The Final Order shall be null and void in the event the contract covering the work contemplated herein is not awarded by June 1 , 1988. IN WITNESS WHEREOF, the undersigned Highway Commissioner of Bristol Township Road District, Kendall County, Illinois, has herein to set his hand this Sth day of September 1986. X Brist#7 Township Road District Commissioner FLOYIYWOODS 15