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Ordinance 1983-04 EXHIBIT "C" ORDINANCE NO . _Zf,�'j _ AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE , KENDALL COUNTY , ILLINOIS . WHEREAS , the UNITED CITY OF VILLAGE OF YORKVILLE , Kendall County , Illinois , 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 Bridge Street ( Illinois Route 47 , F . A. Route 100 , Section ( 13D & 109) R&BR) , from Hydraulic Street to Main Street ; and , 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 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 encroach- ments 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 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 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 ; X900 3-y CONSTRUCTION EASEMENT area is defined as the 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 , the STATE , and the Federal Highway Administration have , by visual inspection , cooperatively established project right of way lines and have mutually determined the disposition of encroachments ; NOW, THEREFORE , BE IT ORDAINED , by the UNITED CITY OF THE VILLAGE 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 ordinances , rules and regulations con- cerning 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 shall be fined not less than ($ ; ) nor more than 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 / times within days after its passage in a newspaper having a general circulation in the UNITED CITY OF THE VILLAGE OF YORKVILLE , Illinois , and shall be in full force and effect after its passage , publication and approval as specified by law . Passed and adopted by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE , Kendall County , Illinois , this /3)k day of `�fit,)uU0_1:-i A . D . , 19 F,3 Deposited in the City Clerk ' s off'i ce the / day of � � �����, A. D . , 19 J —MAY OR ATTEST : CC, ctc�. C� Ze�•–� CITY CLERK