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Ordinance 1986-13 X r ADDENDUM #6 Page 1 of 2 ORDINANCE NO. I oe(o-13 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, hereinafter called the STATE, have entered into an agreement relative to the improvement of U.S. Route 34 (FAP Rte. 591 ), State Section 13 R-1 and 13 BR-1 , City Section 85-00010-00-TL, from +230 feet west of Illinois Route 47 and extending westward to a point +375 feet—west of Cannonball Trail Road, and H.B. Route 57, known as Game Farm Road, from its intersection with U.S. Route 34 on the north and exxtending southward +2000 feet. 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 definitions: Roadway Right of Way is defined as those areas existing or acquired by dedication or by ee 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 ones es tab ishe 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 or 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 support 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 an t e p atted 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: 19 ----ADDENDUM #6 Page 2 of 2 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 of 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 s a mined not less than Twenty-Five ($ 25.00) nor more than Five Hundred (5500.00 , or each offense, and a separate offense s a e eemed commute for each and every day during which a violation continues or exists. Section 4: This ordinance shall be published time wit �n � ; ays after its passage in a newsy per having a general circu of tion 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 adopted by the City Council of THE CITY OF YORKVILLE, Kendall County, Illinois, this 11th day of Se t. A.D. , 1986. the Ci ty Cl erk's offi cE tie ___o_�� Deposited i n 11th day of September , A.D. , 1986. Mayor- ATTEST: ty er 20