Ordinance 2017-09 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2017-09
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL
COUNTY,ILLINOIS PROHIBITING ENCROACHMENTS WITHIN THE
STATE OF ILLINOIS RIGHT OF WAY ALONG U.S.ROUTE 34
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 28`"day of February, 2017
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on April 18, 2017.
Ordinance No. 2017- Oqi
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY,ILLINOIS PROHIBITING ENCROACHMENTS WITHIN THE
STATE OF ILLINOIS RIGHT OF WAY ALONG U.S. ROUTE 34
WHEREAS, the State of Illinois acting by and through its Department of
Transportation, is desirous of improving US Route 34 from Eldamain Road to Center
Parkway, known as State Section (13)R-2[(l3BR)Ql3BR-I)BR]. Work will include
removal of the existing pavement and construction of new pavement to provide two lanes
in each direction with a flush median, curb and gutter, drainage improvements, bicycle
and pedestrian accommodations, and safety improvements. The culvert (SN 047-2014)
carrying Rob Roy Creek under US 34 will be replaced with a double 12'X9' box culvert
and the bridge (SN 047-0049) carrying US 34 over Blackberry Creek will be replaced
with a two span bridge.; and,
WHEREAS, said project is being constructed in order to facilitate the free flow
of traffic and ensure safety to the motoring public; and
WHEREAS,the project passes through the United City of Yorkville; 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 of US Route 34 in
accordance with the following definitions:
1. 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:
2. Project Right of way is defined as those areas within the project right-of-way lines
established jointly by the CITY and the STATE which will be free of
encroachments except as hereinafter defined;
3. Encroachment is defined as any building, fence, sign(excluding certain signs
located over sidewalks) or any other public structure or object of any kind(with
the exception of utilities and public road signs)which is placed, located,
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.
4. Permissible encroachment is defined as any existing awning, marquee or sign
advertising activity on the property or similar overhanging structure supported
from a building immediately adjacent to the limits of the platted street where there
is sidewalk extending to the building line and which does not impair the free and
safe flow of pedestrian traffic or traffic on the highway. The permissive retention
Ordinance No.2017-Oq
Page 2
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.
5. 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
with the establishment of the project right of way lines, will permit the STATE to
enter to perform all necessary construction activities.
WHEREAS,representatives of the CITY and the STATE 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 Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That no person, firm, corporation or other entity shall install,place,
maintain or construct any structure that encroaches, as defined above,upon the State of
Illinois project or roadway right-of-way of US Route 34, from Eldamain Road to Center
Parkway.
Section 2: That the City Clerk of the United City of Yorkville is authorized and
directed to attach a copy of this Ordinance to the AGREEMENT dated
M"C H 6 , 2017,by and between the State of Illinois and the United City
of Yorkville relative to the above described improvement.
Section 3: This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
J ? day of {? t;WcAG , 2017. / - J
G�
CI Y CLERK
i/
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI DIANE TEELING y
CHRIS FUNKHOUSER JOEL FRIEDERS \�
SEAVER TARULIS Y
Ordinance No.2017- Qq
Page 3
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of—k'' tx`yk r- 2017.
f.
S'a-4v
l
Ordinance No.2017- 0 9
Page 4
Contract 66993 Agreement JN 317001
FAP 591 (US 34)
Section (13)R-2[(13BR)C,(13BR-1)BR]
Kendall County
Reconstruction to a 5-lane section
bridge replacement(SN 047-0049) and culvert replacement(SN 047-2014)
Job No. C-93-095-15
Contract No. 66993
Agreement JN 317001
AGREEMENT
This agreement is entered into by and between the State of Illinois, through its Department of
Transportation, hereinafter called the STATE, and the United City of Yorkville of Kendall County,
Illinois, hereinafter called the CITY.
WHEREAS, the STATE is an agency of the state government and the CITY is a unit of local
government authorized to enter into intergovernmental agreements pursuant to the
Intergovernmental Cooperation Act 51LCS 220, et seq, and the Illinois Constitution Article VII,
Sec. 10.
WHEREAS, to facilitate the free flow of traffic and ensure safety to the traveling public, the
STATE and CITY are desirous of reconstructing US Route 34 (identified as Veterans Parkway
within the CITY)from Eldamain Road east to Center Parkway. Work will include removal of the
existing pavement and construction of new pavement to provide two lanes in each direction with
a flush median, curb and gutter, drainage improvements, bicycle and pedestrian
accommodations, and safety improvements. The culvert (SN 047-2014)carrying Rob Roy
Creek under US 34 will be replaced with a double 12'X9' box culvert and the bridge (SN 047-
0049) carrying US 34 over Blackberry Creek will be replaced with a two span bridge.
Termini of the subject project are approximately from the intersection of Eldamain Road with US
34 to the intersection of Center Parkway with US 34. The gross length of the project is 10,854
feet. The subject project is hereby identified under FAP 591 (US 34), State Section (13)R-
2[(13BR)C,(13BR-1)BR], Job No. C-93-095-15 and Contract No. 66993 (see project location
map attached hereto as Exhibit# 1).
WHEREAS, some work contained within this contract will take place outside the corporate limits
or highway jurisdiction of the CITY. The content of this agreement shall be limited to address
only work which is located within the United City of Yorkville. Traffic signal upgrades at
Eldamain Road and any work within the intersection or west of the intersection is outside the
limits of the CITY and is not addressed herein.
WHEREAS, the STATE is to apply Federal National Corridor Infrastructure Improvement
Program (NCII) and National Highway Performance Program (NHPP) funds toward financing
this project. Application is at an 80 percent federal and 20 percent STATE matching formula.
WHEREAS, the existing subject portion of US 34 consists of a variety of roadway cross
sections. Existing pavement sections vary from two to five lane widths, some areas having curb
1
Contract 66993 Agreement JN 317001
and gutter while many areas retain a rural cross section with a combination of paved and
aggregate shoulders and open roadside drainage ditches.
WHEREAS, the purpose of this agreement is to provide a general description to the scope of
work proposed with the subject project. All desired specific details of type of work, locations,
design dimensions, elevations, item quantities and materials are to be obtained from the related
project design plan sheets which serve as a supplement to this agreement. The said plans
have been provided to the CITY for its review, comment and concurrence. Additional purposes
of this agreement are to provide estimated costs, cite cost sharing participation between the
STATE and CITY, determine responsibilities of funding, commitments to payments, and define
jurisdictional and maintenance responsibilities of various roadways, utilities and appurtenances
relating to the subject project.
WHEREAS, the proposed scope of work for the subject project is as follows:
A. Mainline US 34 Reconstruction - (80% FEDERAL/20% STATE Cost): Proposed is the
removal of existing pavement and construction of new Portland cement concrete pavement
to provide a 67 to 69 foot wide section (face to face of curb)with continuous shared use
path and sidewalk through most of the project. Two through lanes in each direction will be
provided throughout with 12 foot inside lanes and 13 to 14 foot outside lanes. A 13 foot
center lane will serve as a flush median, two-way left turn lane, or dedicated turn lane as
appropriate and right turn lanes are proposed in addition where they are warranted. Storm
sewer and barrier curb and gutter will be constructed along the edge of pavement
throughout the project limits.
The culvert(SN 047-2014) carrying Rob Roy Creek under US 34 will be replaced with a
double 12'X9' box culvert and the bridge (SN 047-0049) carrying US 34 over Blackberry
Creek will be replaced with a two span bridge.
Retaining walls will be constructed along the south side of US 34 from Blackberry Creek to
Game Farm Road and from Game Farm Road east to approximate Station 379+00.
Noise abatement walls will be constructed along the south side of US 34 at two locations.
One location includes two separate walls and extends from approximate Station 289+25 to
304+46 with approximate 100 foot extensions along Diehl Farm Road within that section.
The second location is east of Game Farm Road from approximate Station 375+24 to
379+00. This wall will be located on top of the proposed retaining wall.
B. Reconstrucion of Local Roads Intersecting US 34- (80% FEDERAL/20% STATE
Cost): Improvements are required on the adjoining local roads to match width and profile
changes proposed on US 34. The local road intersections to be included are as follows:
a. US 34 at Diehl Farm Road — Diehl Farm Road will retain the existing lane
configuration and will remain unsignalized but the pavement at the intersection
will be reconstructed. A noise abatement wall will be constructed along the south
side of US 34 on both sides of the intersection and will extend approximately one
hundred feet along each side of Diehl Farm Road.
b. US 34 at Sycamore Road —The intersection pavement will be reconstructed to
provide a lane configuration similar to the existing.
2
Contract 66993 Agreement JN 317001
c. US 34 at Beecher Road—A minimal amount of the local road pavement north
and south of US 34 will need to be reconstructed. Radii and lane configurations
will closely match the existing.
d. US 34 at Cannonball Trail—Approximately 50 feet of pavement north of US 34
and 100 feet south of US 34 will be reconstructed. Radii and lane configurations
will be similar to the existing.
e. US 34 at Game Farm Road —Approximately 100 feet of pavement will be
reconstructed south of US 34. Lane configuration will remain as existing and
radii will be widened. Retaining walls will be constructed along the south side of
US 34 and the wall east of the intersection will connect to the existing wall along
the east side of Game Farm Road.
f. US 34 at Center Parkway—Approximately 100 feet of pavement south of US 34
and 120 feet of pavement north of US 34 will be reconstructed. Lane
configurations will remain as existing but the island nose adjacent to and north of
US 34 will be modified and radii will be widened in the northwest and southwest
quadrants.
C. Upgrade or Replace Existing Traffic Signals -(Variable Cost Share Participation):
a. Traffic signals will be upgraded at four intersections along US 34 within the CITY.
The CITY's cost share participation percentage will vary based on the number of
legs and jurisdiction of each leg. The CITY's cost share percentage will be 10
percent at the four legged intersection with Beecher Road, Cannonball Trail, and
Center Parkway. The CITY's cost share percentage will be 100 percent at Isabel
Drive because it is a private benefit traffic signal. Cost estimates are included in
the cost estimate table in provision 3 of this agreement.
b. Traffic signals will be replaced at two intersections along US 34 within the CITY.
The CITY's cost share participation percentage will be 6.6 percent at the three
legged intersections with Sycamore Road and Game Farm Road. Cost
estimates are included in the cost estimate table in provision 3 of this agreement.
D. Traffic Signal Interconnect-(80% FEDERAL/20% STATE Cost): The STATE will
assume all costs for interconnect of the newly replaced or upgraded traffic signals.
E. Combination Roadway Lighting —(100% CITY Cost): Within the CITY, an estimated 14
luminaires will be installed in combination with traffic signal improvements at 100 percent
CITY cost.
F. Emergency Pre-emption Units—(100% CITY Cost): Emergency pre-emption detectors
and amplifiers will be installed as needed to serve all traffic signals within the project limits.
G. Shared Use Path - (80% FEDERAL/20% CITY): A 10 foot wide asphalt surfaced path for
shared bicycle and pedestrian use will be constructed along the north side of US 34 from
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Contract 66993 Agreement JN 317001
Eldamain Road to Cannonball Trail and along the south side of US 34 from Cannonball Trail
to Center Parkway at 20 percent CITY cost participation.
H. Sidewalk—(Variable Cost):
a. Removal and Replacement of Existing Sidewalk- Approximately 13,740
square feet of existing sidewalk will be removed at 100 percent STATE cost. The
majority will be replaced with shared use path but a credit for the city cost share
of replacement sidewalk will be given to the CITY as shown in the table below.
b. Proposed new sidewalk— Approximately 34,513 square feet of proposed
sidewalk will be constructed at 20 percent CITY cost participation.
I. Land Acquisition—(100% STATE Cost): The STATE will pay 100 percent of all costs for
land acquisition required for the project, including costs for shared use path and sidewalk.
J. All other work necessary to complete the project will be performed in accordance with the
approved plans and specifications.
WHEREAS, the CITY is desirous of the said US 34 project in that same will be of immediate
benefit to CITY residents and permanent in nature.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
1. The above stated recitals are incorporated herein by reference, as if full set out herein.
2. The STATE agrees to make the surveys, prepare the plans and specifications, obtain right
of ways, 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.
3. The STATE agrees to pay all land acquisition, construction and engineering costs subject to
reimbursement by the VILLAGE as hereinafter stipulated below.
4
Contract 66993 Agreement JN 317001
Construction
Work Item Cost Federal Cost State Cost City Cost
Mainline US 34 and intersecting $20,500,000 16,400,000 80.0% 4,100,000 20.0% 0 0.0%
local road reconstruction
(Includes all Structures, noise
abatement walls and retaining walls)
Traffic Signals $480,000 384,000 80.0% 64,320 13.4% 31,680 6.6%
(Sycamore Road &Game Farm Road)
Traffic Signals (Beecher Road, $560,000 448,000 80.0% 56,000 10.0% 56,000 10.0%
Cannonball Trail, &Center Parkway)
Traffic Signals $165,000 0 0.0% 0 0.0% 165,000 100.0%
(Isabel Drive, Private Benefit)
Traffic Signal Interconnect $145,000 116,000 80.0% 29,000 20.0% 0 0.0%
Combination Roadway Lighting $45,000 0 0.0% 0 0.0% 45,000 100.0%
Emergency Pre-emption Units $15,000 0 0.0% 0 0.0% 15,000 100.0%
Shared Use Path $275,000 220,000 80.0% 0 0.0% 55,000 20.0%
and new sidewalk
Sidewalk Removal $30,000 24,000 80.0% 6,000 20.0% 0 0.0910,
Credit for replacement of sidewa $65,000 -13,000 -20.0%
removed for the project
subtotal 17,592,000 4,255,320 354,680
Engineering(15%) 53,202
Totals $22,280,000 17,592,000 4,255,320 407,882
4. The CITY's participation shall be predicated on the percentages shown above for the
specified work. CITY cost shall be determined by multiplying the final quantities times bid
unit prices of the awarded contract, plus an additional 15 percent for preliminary and
construction engineering. Participation toward the traffic signal upgrades at all intersections
except Isabel Drive shall not exceed a total of$126,000 which represents 125 percent of
their estimated construction and engineering cost.
5
Contract 66993 Agreement JN 317001
5. The CITY agrees to pass and approve a resolution appropriating $410,000 to reimburse the
STATE for the work as described in this agreement. A copy of the ordinance is attached
hereto as Exhibit#2.
6. The CITY agrees to pass a supplemental resolution to provide necessary funds for its share
of the cost of this improvement if the amount appropriated in Exhibit#2 proves to be
insufficient to cover said cost.
7. The CITY agrees that upon receipt of the first and subsequent progress payments made to
the CONTRACTOR, the CITY will pay to the STATE from any funds allotted to the CITY, an
amount equal to the CITY share $410,000 divided by the estimated construction costs,
$22,215,000 multiplied by the actual progress payment made to the CONTRACTOR until
the entire obligation incurred under this AGREEMENT has been paid. The CITY's actual
monetary reimbursement obligation to the STATE will be based upon the final quantities and
bid unit prices of the awarded contract.
8. Upon final inspection of the improvement and so long as US 34 (Veterans Parkway) remains
and is used as a state highway, the STATE agrees to retain jurisdiction and will maintain or
cause to be maintained all traffic lanes, including turn lanes, and curb and gutter that adjoins
these traffic lanes and any stabilized shoulders and/or roadside drainage ditches that serve
the state highway. This includes the proposed box culvert, bridge, shared use path on the
bridge, and retaining walls within STATE right of way.
9. It is mutually agreed by the STATE and the CITY that all CITY owned streets that intersect
US 34 and are impacted and thereby reconstructed by the STATE due to the highway
project, will remain under the jurisdiction of the CITY at all times.
10. The CITY agrees to maintain the entire right of way outside of that maintained by the
STATE. This includes but is not limited to, CITY utilities, landscaping, sidewalks, shared
use paths, parkways, crosswalks and stop line/stop bar markings. Maintenance includes,
but is not limited to, all cost of material and labor for repair and/or replacement of surfaces,
path or sidewalk signing and marking, mowing, landscaping, drainage, snow and ice
removal, clearing of debris and trash, and removal of graffiti.
11.The CITY agrees, upon completion of the project, to maintain all storm sewers and
appurtenances by performing those functions necessary to keep the sewer in serviceable
condition, including cleaning sewer lines, inlets, manholes, and catch basins along with
repair and/or replacement of inlet, manhole, and catch basin frames, grates, or lids. The
CITY further agrees to repair and/or reconstruct structural failures to a maximum of 12 feet
between adjacent inlets, manholes, or catch basins.
12. The STATE agrees to assume responsibility for repairs and/or reconstruction of the storm
sewer system that exceeds the routine maintenance requirements of the CITY, as cited in
the above paragraph.
13. The CITY agrees that no future storm sewer connection or additional water discharge will be
added to the storm sewer system that is being constructed as part of this project. The CITY
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Contract 66993 Agreement JN 317001
agrees to obtain a permit from the STATE prior to routing any additional discharge to storm
sewer system constructed as part of this contract.
14. Upon acceptance by the STATE of the traffic signal work included herein the responsibility
for maintenance and energy for signals and preemption devices shall continue to be as
outlined in the Master Agreement executed by the STATE and the CITY on April 25, 2011.
All existing traffic signals are being replaced or upgraded. No additional traffic signals are
being installed at new locations under this contract.
15. The CITY agrees to assume all maintenance and energy costs for all roadway lighting that is
to be constructed as part of this project.
16. The CITY agrees to provide all routine maintenance of the noise abatement walls and
retaining walls, including but not limited to, mowing, landscaping, drainage, clearing of
debris and trash, and removal of graffiti. The STATE assumes responsibility for repairs,
structural failures, and/or replacement of the noise abatement walls and retaining walls.
17. It is mutually agreed that by the execution of this agreement and under the penalty of
perjury, the CITY, doing business as a governmental entity, certifies that its correct federal
identification number(FEIN) is 36-6006169. The CITY agrees to assume full responsibility
for providing or causing to provide all funds required to pay the local share of cost
participation in the subject project.
18.The CITY agrees to provide, prior to the STATE's advertising for the work to be performed
hereunder, a letter, resolution, or signed plan approval indicating its review and approval of
the STATE's plans and specifications for the subject project.
19. The CITY agrees not to permit driveway entrance openings to be made in the curb, as
constructed, or the construction of additional entrances, private or commercial, along US
Route 34 from Eldamain Road to Center Parkway without the consent of the STATE.
20. The CITY agrees to exercise its franchise right to cause private utilities to be relocated at no
expense to the STATE.
21. The CITY agrees to cause its utilities installed on right of way after said right of way was
acquired by the STATE or installed iwthin the limits of a roadway after the said roadway's
jurisdiction was assumed by the STATE, to be relocated and/or adjusted, if required, at no
expense to the STATE.
22. The CITY will continue to enforce the existing ordinance requiring that parking along US 34
be prohibited within the limits of this improvement, a copy of which is attached hereto as
Exhibit#3.
23. The CITY has adopted and will put into effect an appropriate ordinance, prior to the
STATE's advertising for the work to be performed hereunder, regulating encroachment
along the state highway. A copy of the ordinance is attached hereto as Exhibit#4.
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Contract 66993 Agreement JN 317001
24. Prior to the STATE's advertising for the work to be performed hereunder, the disposition of
encroachments will be cooperatively resolved with representatives from the CITY and the
STATE.
25. The CITY will continue to enforce an existing ordinance prohibiting the discharge of sanitary
sewage and industrial waste water into any storm sewers along the state highway, a copy of
which is attached hereto as Exhibit#5.
26. The STATE agrees to invite representatives of the CITY to mutually inspect the completed
project prior to the STATE's final approval of the work.
27. It is mutually agreed that obligations for the STATE and CITY will cease immediately without
penalty or further payment being required if, in any fiscal year, the Illinois General Assembly
or federal funding sources fail to appropriate or otherwise make available funds for this
contract.
28. The STATE and CITY mutually agree that any work to be performed by other than CITY
and/or STATE forces is are subject to the Prevailing Wage Act, 820 ILCS 130/1 et seq.
("Prevailing Wage Act"). The STATE agrees to fully comply with all applicable requirements
of the Prevailing Wage Act, and the STATE agrees to notify all contractors and
subcontractors that the work performed pursuant to this Agreement shall be subject to the
Prevailing Wage Act. In the event the STATE fails to comply with the notice requirements
set forth in this paragraph, the STATE shall solely be responsible for any and all penalties,
fines and liabilities incurred for contractors and/or subcontractors' violations of the
"Prevailing Wage Act".
29.The STATE and CITY mutually agree that the STATE's contractors and/or subcontractors
shall not discriminate on the basis of race, color, national origin or sex in performance of this
agreement. The STATE agrees to carry out applicable requirements of 49 CFR Part 26 in
the award and administration of the STATE assisted contracts. Failure by the STATE to
carry out these requirements is a material breach of this agreement, which may result in the
termination of this agreement or such remedy as the STATE deems appropriate.
30. This Agreement represents the entire Agreement between the parties and supersedes any
prior written or oral agreements between the parties regarding these specific components of
this section of US Route 34 as constructed under Contract 66993. Previous agreements
pertaining to other aspects of this section of highway, such as the referenced Master Traffic
Signal Agreement, shall remain in full force and effect. This agreement may not be modified
except in writing acknowledged by both parties.
31. Neither party shall assign, sublet, sell or transfer its interest in this Agreement without the
prior written consent of the other.
32. This Agreement shall be construed in accordance with the law and Constitution of the State
of Illinois and if any provision is invalid for any reason, such invalidations shall not render
invalid other provisions which can be given in effect without the invalid provision.
33. This Agreement is executed in duplicate and each party shall retain one (1) completely
executed copy, each of which is deemed as an original.
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Contract 66993 Agreement JN 317001
34. 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 February 1,
2020.
35. This agreement shall be binding upon and inure to the benefit of the parties, their
successors and assigns.
36. This agreement is passed and approved by the Mayor and City Council of The United City of
Yorkville of Kendall County, Illinois and the State of Illinois, through its Department of
Transportation.
Executed on Behalf of the United City of Yorkville of Kendall County, Illinois, on this
day of M+41ZC+4 , 2017.
APPROVED: ATTEST:
1�a---f aml., 2eA-IAI� - -'1' -
Gary bol' ci, ayor of United City of Yorkville Beth Warren, City Clerk
3/(Ofi*7 3140 7
Date Date
Executed on Behalf of the State of Illinois,
Departm t of Transportation
Kevin F. Marchek, P.E.
Region Two Engineer
Date
9
Exhibit 1
Project Location Map
FAP Route 591 (US 34) DEKALB
Section (13)R-2 & BY N
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Add Lanes, Curb and Gutter,
Bridge Replacement (SN 047-0049) BUREAU
LASALLE
Culvert Replacement(SN 027-2014) GR7
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Contract No. 66993
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Resolution No.
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL, ILLINOIS,
ESTABLISHING FUNDING FOR THE STATE OF ILLINOIS
INTERGOVERNMENTAL AGREEMENT
WHEREAS, the United City of Yorkville (the "City") has entered into an
AGREEMENT with the State of Illinois for the improvement of US Route 34, from Eldamain
Road to Center Parkway, known as State Section(l3)R-2[(13BR)C,(13BR-1)BR]; and,
WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for
the City to appropriate sufficient funds to pay its share of the cost of said improvement.
NOW THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that there is hereby appropriated the sum of
Four Hundred and Ten Thousand Dollars ($410,000.00) or so much thereof as may be necessary,
from any money now or hereinafter allotted to the City to pay its share of the cost of this
improvement as provided in the AGREEMENT.
BE IT FURTHER RESOLVED, that upon receipt of the first and subsequent progress
payments made to the CONTRACTOR, the CITY will pay to the DEPARTMENT OF
TRANSPORTATION OF THE STATE OF ILLINOIS from any funds allotted to the CITY, an
amount equal to the CITY share ($410,000), divided by the estimated construction costs
($22,280,000), multiplied by the actual progress payment made to the CONTRACTOR until the
entire obligation incurred under this AGREEMENT has been paid.
The CITY'S actual monetary reimbursement obligation to the DEPARTMENT OF
TRANSPORTATION OF THE STATE OF ILLINOIS will be based upon final quantities and
bid unit prices of the awarded contract.
BE IT FURTHER RESOLVED, that the City agrees to pass a supplemental resolution
to provide any necessary funds for its share of the cost of this improvement if the amount
appropriated herein proves to be insufficient, to cover said cost.
Resolution No.2017-
Page 1
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of it s.( C�( , 2017.
/S&l-
CITY CLERK
CARLO COLOSIMO y KEN KOCH
JACKIE MILSCHEWSKI f DIANE TEELING
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS \
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of M P 12C N , 2017.
MA OR
STATE OF ILLINOIS
COUNTY OF KENDALL
1, Beth Warren, City Clerk in and for the United City of Yorkville hereby certify the foregoing to
be a true and complete copy of this Resolution adopted by the Mayor and City Council at a
meeting on f-7-E6P UfiR y d , 2017.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 3 day of
2017.
Beth Warren, City Clerk
(SEAL)
Resolution No.2017-Iq
Page 2
ORDINANCE 110. lgtko—lc EXHIBIT ##3
REGULATING PARKING ON U.S. ROUTE 34•
WHEREAS, the CITY OF YORKYILLE has entered into an agreement with the STATE OF
ILLINOIS for the improvement of U.S. Route 34 (FAP 591 ) , State Section 13R-1
and 13BR-1 , from +230 feet west of Illinois Route 47 and extending westward to
a point +725 feet west of Cannonball Trail Road, a distance of 5,100 feet
(0.98 miTes).
NOW, THEREFORE, BE IT ORDAINED by the City Council of the CITY OF YORKVILLE,
Kendall County, Illinois:
That in order to promote the health, safety and welfare of its citizens,
parking will be prohibited on both sides of U.S. Route 34 from Ill. Route 47
to the west corporate limits of Yorkville; and
The Yorkville City Council will enact further ordinances requiring parking
restrictions at locations immediately adjacent to the improvement as may be
determined to be necessary by the STATE from traffic capacity studies, when
construction on the above described STATE and CITY section has been completed
and is functional.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Passed and adopted by the City Council of the CITY OF YORKVILLE, Kendall
County, Illinois this lith day of September 1986.
Mayor
September 11 1986
ATTEST: � '6 k0ZXN CLtA Q92Ak
City Clerk
September 11 1986
18
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2017-09
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL
COUNTY, ILLINOIS PROHIBITING ENCROACHMENTS WITHIN THE
STATE OF ILLINOIS RIGHT OF WAY ALONG U.S.ROUTE 34
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 28"'day of February, 2017
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on April 18, 2017.
FC+4 Q 17
Ordinance No. 2017--ol
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS PROHIBITING ENCROACHMENTS WITHIN THE
STATE OF ILLINOIS RIGHT OF WAY ALONG U.S. ROUTE 34
WHEREAS, the State of Illinois acting by and through its Department of
Transportation, is desirous of improving US Route 34 from Eldamain Road to Center
Parkway, known as State Section (13)R-2[(13BR)C,(13BR-1)BR]. Work will include
removal of the existing pavement and construction of new pavement to provide two lanes
in each direction with a flush median, curb and gutter, drainage improvements, bicycle
and pedestrian accommodations, and safety improvements. The culvert (SN 047-2014)
carrying Rob Roy Creek under US 34 will be replaced with a double 12'X9' box culvert
and the bridge (SN 047-0049) carrying US 34 over Blackberry Creek will be replaced
with a two span bridge.; and,
WHEREAS, said project is being constructed in order to facilitate the free flow
of traffic and ensure safety to the motoring public; and
WHEREAS,the project passes through the United City of Yorkville; 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 of US Route 34 in
accordance with the following definitions:
1. 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:
2. Project Right of way is defined as those areas within the project right-of-way lines
established jointly by the CITY and the STATE which will be free of
encroachments except as hereinafter defined;
3. Encroachment is defined as any building, fence, sign(excluding certain signs
located over sidewalks) or any other public structure or object of any kind (with
the exception of utilities and public road signs) which is placed, located,
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.
4. Permissible encroachment is defined as any existing awning,marquee or sign
advertising activity on the property or similar overhanging structure supported
from a building immediately adjacent to the limits of the platted street where there
is sidewalk extending to the building line and which does not impair the free and
safe flow of pedestrian traffic or traffic on the highway. The permissive retention
Ordinance No.2017- 0a�
—L
Page 2
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.
5. 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
with the establishment of the project right of way lines, will permit the STATE to
enter to perform all necessary construction activities.
WHEREAS,representatives of the CITY and the STATE 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 Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That no person, firm, corporation or other entity shall install,place,
maintain or construct any structure that encroaches, as defined above, upon the State of
Illinois project or roadway right-of-way of US Route 34, from Eldamain Road to Center
Parkway.
Section 2: That the City Clerk of the United City of Yorkville is authorized and
directed to attach a copy of this Ordinance to the AGREEMENT dated
M A R C I (r , 2017, by and between the State of Illinois and the United City
of Yorkville relative to the above described improvement.
Section 3: This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
p day of C , 2017.
CITY CLERK
� 1
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI DIANE TEELING
CHRIS FUNKHOUSER JOEL FRIEDERS �-
SEAVER TARULIS
Ordinance No.2017- 0-1
Page 3
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of 1' f4KCH ' 2017.
TSrA R
Ordinance No. 2017- 0q
Page 4
TSE CITY OF YORKVI LE WILL CONTINUE ITS ENFORCEMENT OF ORDINANCE 44-4
PROIOBITING CONNECTION OF SANITARY SEWER AND WASTE WATER INTO STORM
SEWERS,01) OTHER HIGIiWAY DRAINAGE SYSTEMS
EXHIBIT #5
AN ORDINANCE 4
PROHIBITING THE CONNECTION OF SANITARY SEKAGE AND INDUSTRIAL
KASTE-HATER INTO STORM SEVERS AND OTHER HIGIIHAY 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, r .c�Sp ati on violating�t1 is oordi nance
shall bene�p t ess than e-'" _ Dollars (S ) , nor
more thane` TLV Dollars (5— O-a > ) for each offense. and a
separate offense shall be deemed committed for each and every day
during which a violation continues or exists.
APPROVED: ikQ — r `
STATE OF ILLINOIS )
CITY OF YORKVILLE )
COUNTY OF KENDALL ) n
0
PASSED:
Marsh �,�? 'Q' City Clerk in and for the city of
— Yorkville hereby certify the
SIGI{ED: f
' foregoing to be a true. perfect. and
complete copy of an Ordinance adopted
by the York Ill City Council t is
meeting on
1994.
P
(SEAL) j� City Clerk