Resolution 2018-08 Resolution No. 2018-O
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE AND
ILLINOIS DEPARTMENT OF TRANSPORTATION
ILLINOIS ROUTE 71 (STAGECOACH TRAIL)
(Job No. C-93-017-14)
WHEREAS,the United City of Yorkville(the"City")is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS,the City desires to enter into an Intergovernmental Agreement for Federal
Participation with the State of Illinois through its Illinois Department of Transportation that
will provide funding for roadway improvements on Illinois Route 71 from Illinois Route 47 to
just east of Illinois Route 126; and,
WHEREAS, the Illinois Department of Transportation has proposed an
Intergovernmental Agreement that will establish the cost sharing for this project with the
City's local share being$435,850; and,
WHEREAS,the City to indicate the availability of funding for this project shall set
aside those funds necessary from its City-Wide Capital,Water and Sewer Funds.
NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That the AGREEMENT(JN 31800 1)for Job Number C-93-017-14,that is
attached hereto and made a part hereof by reference as Exhibit A,between the State of Illinois
acting by and through its Department of Transportation and the City be and is hereby approved
and that Mayor Gary J. Golinski is hereby authorized to execute said Agreement on behalf of
the City.
Section 2: That the City shall appropriate the City's local share of the project costs in
the amount of$435,850 and any additional funds that may be required.
Section 3: That this resolution shall be in full force and effect from and after its
passage and approval according to law.
Passed by the City ouncil of the United City of Yorkville, Kendall County, Illinois
this Q�day of , 2018
CITY CLERK
Resolution No.2018-01
Page 1
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ
Approved by me, as Mayor of the United City of Yorkville,Kendall County,Illinois,
this_L_—day of M fiR c H 92018
MlVbit
Resolution No.2018-08
Page 2
Contract 66D24 Agreement JN 318001
FAP 311 (IL 71)
Section (1)R,I
Kendall County
Reconstruction to a 4-lane section with raised median
Job No. C-93-017-14
Contract No. 661324
Agreement JN 318001
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 IL Route 71 (identified as Stagecoach Trail
within the CITY)from IL 47 to just east of IL 126. Work will include removal of the existing
pavement and construction of new pavement to provide two lanes in each direction with a raised
curb median, curb and gutter, drainage improvements, bicycle and pedestrian accommodations,
and safety improvements. Traffic signals will be improved at IL 47 and replaced at IL 126.
Termini of the subject project are approximately from the intersection of Illinois 47 with Illinois 71
to just east of the intersection of Illinois 126 with Illinois 71. The gross length of the project is
6,740 feet. The subject project is hereby identified under FAP 311 (IL 71), State Section (1)R,I,
Job No. C-93-017-14 and Contract No. 66D24 (see project location map attached hereto as
Exhibit# 1).
WHEREAS, the STATE is to apply Federal 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 IL 71 consists of a two lane section (one lane in each
direction)with median and auxiliary lanes at some intersections. Most of this section has an
existing rural cross section with a combination of paved and aggregate shoulders and open
roadside drainage ditches. Curb and gutter with enclosed drainage has been installed at some
spot locations.
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
1
Contract 66D24 Agreement JN 318001
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 IL 71 Reconstruction -(80% FEDERAL/20% STATE Cost): Proposed is the
removal of existing pavement and construction of new Portland cement concrete pavement.
Two 12 foot through lanes in each direction will be provided. A raised curb median will be
constructed with dedicated left turn lanes 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 median and edge of pavement throughout the project limits. Hot-Mix
Asphalt(HMA)widening and resurfacing will be used at the ends of the project to transition
into the existing pavement and shoulder widths.
B. Reconstruction of IL 126 intersection with IL 71 -(80% FEDERAL/20% STATE Cost):
The intersection pavement will be reconstructed to provide a lane configuration similar to the
existing. Drainage and other improvements extend further along IL 126 as shown in the
plans.
C. Reconstruction of Local Roads Intersectina IL 71 -(80% FEDERAL/20% STATE Cost):
Improvements are required on the adjoining local roads to match width and profile changes
proposed on IL 71. The local road intersections to be included are as follows:
a. IL 71 at Walnut Drive—The intersection pavement will be reconstructed to
provide a lane configuration similar to the existing.
b. IL 71 at Villaae View Drive—The intersection pavement will be reconstructed to
provide a lane configuration similar to the existing.
c. IL 71 at Candleberry Lane—The intersection pavement will be reconstructed to
provide a lane configuration similar to the existing.
d. IL 71 at Raintree Road—The intersection pavement will be reconstructed to
provide a lane configuration similar to the existing.
e. IL 71 at Country Hills Drive—The intersection pavement will be reconstructed
to provide a lane configuration similar to the existing. Resurfacing will extend
south to the intersection of Country Hills Drive with Greenfield Turn/Clover Court.
Curb and gutter, sidewalks, and ditches will be reconstructed.
f. IL 71 at Identa Road—The intersection pavement will be reconstructed to
provide a lane configuration similar to the existing.
g. IL 71 at Winn Road -The intersection pavement will be reconstructed to provide
a lane configuration similar to the existing.
D. Uporade or Replace Existina Traffic Sianals-(80% FEDERAL/20% STATE Cost):
2
Contract 661D24 Agreement JN 318001
a. Traffic signals will be upgraded in the northeast and northwest quadrants of the
intersection of IL 47 with IL 71. Both routes are under STATE jurisdiction so no
CITY cost participation is required.
b. Traffic signals will be replaced at the intersection of IL 126 with IL 47. Both
routes are under STATE jurisdiction so no CITY cost participation is required.
E. Hinhway Liahting—(100% CITY Cost): At the intersection of IL 126 with IL 71 four
luminaires will be installed in combination with traffic signal installation and two will be
installed on new light poles. At the intersection of IL 47 with IL 71 one luminaire will be
installed in combination with traffic signal installation in the northeast quadrant of the
intersection. All lighting will be 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% FEDERAU20% CITY): An 8 to 10 foot wide asphalt surfaced path
for shared bicycle and pedestrian use will be constructed along the south side of IL 71 from
approximate STA 517+60 to 571+02 and along the north side of IL 71 from approximate
STA 571+02 to 585+00. Shared use path will be constructed to connect all quadrants and
crossings at the intersection of IL 126 with IL 71. All shared use path construction will be at
20 percent CITY cost participation.
H. Sidewalk—(Variable Cost):
a. Removal and Replacement of Existing Sidewalk- Approximately 2,900
square feet of existing sidewalk will be removed and replaced at 100 percent
STATE cost.
b. Proposed new sidewalk— Approximately 2,900 square feet of proposed
sidewalk will be constructed at 20 percent CITY cost participation.
I. City Utility Relocation—(100% CITY Cost): Relocation of CITY owned utilities will be at
100% CITY cost.
J. Land Acquisition—000% STATE Cost): The STATE will pay 100 percent of all costs for
land acquisition required for the project, including acquisition required for shared use path
and sidewalk.
K. 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 IL 71 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:
3
Contract 66D24 Agreement JN 318001
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 CITY as hereinafter stipulated below.
Construction
Work Item Cost Federal Cost State Cost City Cost
Mainline IL71and intersectin€ $16,150,000 12,920,000 80.0% 3,230,000 20.0% O 0.0•/
side road reconstruction
Traffic Signals $350,000 280,000 80.0•/6 70,000 20.0% 0 0.0•/0
Highway Lighting $35,000 O 0.0% O 0.0% 35,000 100.0%
Emergency Pre-emption Units $12,000 O 0.000 0 0.0% 12,000 100.0•/0
Shared Use Path $160,000 128,000 80.0% 0 0.0% 32,000 20.0%
and new sidewalk
Sidewalk Removal $10,000 8,000 80.0 9,0 2,000 20.0% 0 0.0•/0
and Replacement
City Utilities $300,000 O O.0,1 O 0.0% 300,000 100.0•/6
subtotal 13,336,000 3,302,000 379,000
Engineering(15%) 56,850
Totals $17,017,000 13,336,000 3,302,000 435,850
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
4
Contract 661D24 Agreement JN 318001
unit prices of the awarded contract, plus an additional 15 percent for preliminary and
construction engineering.
5. The CITY agrees to pass and approve a resolution appropriating $440,000 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$440,000 divided by the estimated construction costs,
$17,000,000 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 IL 71 (Stagecoach Trail) 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 box culverts and pipe culverts that are part of the roadside
drainage system of IL 71.
9. It is mutually agreed by the STATE and the CITY that all CITY owned streets that intersect
IL 71 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.
5
Contract 66D24 Agreement JN 318001
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
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. 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.
17. 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.
18. 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 IL 71
from IL 47 to IL 126 without the consent of the STATE.
19. The CITY agrees to exercise its franchise right to cause private utilities to be relocated at no
expense to the STATE.
20. The CITY agrees to cause its utilities installed on right of way after said right of way was
acquired by the STATE or installed within 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. Relocation of CITY utilities included in the plans is at 100% CITY
cost as outlined in item I.
21.The CITY has adopted and will put into effect an ordinance requiring that parking along IL
71 be prohibited within the limits of the United City of Yorkville, a copy of which is attached
hereto as Exhibit 3.
22.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.
23. 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.
6
Contract 66D24 Agreement JN 318001
24.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.
25. 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.
26. 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.
27.The STATE and CITY mutually agree that any work to be performed by other than CITY
and/or STATE forces is 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".
28. 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.
29. 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 IL Route 71 as constructed under Contract 66D24. 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.
30. Neither party shall assign, sublet, sell or transfer its interest in this Agreement without the
prior written consent of the other.
31.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.
32. This Agreement is executed in duplicate and each party shall retain one (1)completely
executed copy, each of which is deemed as an original.
33. 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 December
31, 2020.
7
Contract 661324 Agreement JN 318001
34. This agreement shall be binding upon and inure to the benefit of the parties, their
successors and assigns.
35.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 l��Cff , 2018.
APPROVED: ATTEST:
z!
Ga Go Mayor of United City of Yorkville Beth Warren, City Clerk
3 5/-7 fif
Date Date
Executed on Behalf of the State of Illinois,
Department of Transportation
%evin F. Marchek, P.E.
Region Two Engineer
Date
8
Exhibit 1
Project Location Map
FAP 311 (IL Route 71)
Section (1)R,I & (1)N&TS
Kendall County
Reconstruction from West of IL 47 to East of IL 126
Contract No.66D24 & 66D25
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Project Area =
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Exhibit a
Resolution No. 2018-_�V
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 Illinois Route 71, from Illinois
Route 47 to the east of Illinois Route 126, known as State Section (1)R,I, Job No. C-93-017-14
and Contract No. 66D24; 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 thirty five thousand, eight hundred fifty Dollars ($435,850.00) 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 the City agrees 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's share $440,000 divided by the estimated
construction costs, $17,000,000 multiplied by the actual progress payment made to the
Contractor until the entire obligation incurred under the Agreement has been paid.
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.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of j/- 2018
CITY CLERK
Resolution No.2018- 7
Page 1
CARLO COLOSIMO KEN KOCH
t
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER y JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this
day of IVA P.C ff ,2018
r
Gary J. olinski, Mayor
STATE OF ILLINOIS
COUNTY OF KENDALL
I, 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 Rveside; and at
ameetingon FE6P tA" ( a7 , 2018. M14'fo2 Ciry C0U0e1L-
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 7 day of
rI Rc
. 2018.
Beth Warren, ity Clerk
(SEAL)
Resolution No.2018- 0 7
Page 2
Exhibit 3
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2018-11
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS
ESTABLISHING NO PARKING REGULATIONS FOR ILLINOIS ROUTE 71
(STAGECOACH TRAIL)
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 27 h day of February,2018
i
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on March 19,2018.
FAP 311 (IL 71), Section(1)R,I, Job No. C-93-017-14, Contract No. 66D24
Ordinance No.2018-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,
ESTABLISHING NO PARKING REGULATIONS FOR ILLINOIS ROUTE 71
(STAGECOACH TRAIL)
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, Section 11-208(a)1 of the Illinois Vehicle Code (625 ILCS 5/11-208(a)(1)
authorizes a municipality to regulate the standing or parking of vehicles within its corporate
limits.
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 Section 6-2-2, PARKING PROHIBITED ON DESIGNATED
STREETS, of the Yorkville City Code be and is hereby amended to add the following street:
"ILLINOIS ROUTE 71 (Stagecoach Trail)
Parking will be prohibited on both sides of Illinois Route 71 within the corporate
limits of the City"
Section 3: This Ordinance shall be in full force and effect after its passage, publication,
and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois,this
day of a , 2018.
City Clerk
t
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
\� \
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of 1744R C , 2018.
IF
M4yr
Ordinance No.2018--U—
Page 2
Exhibit 4
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2018-12
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL
COUNTY,ILLINOIS PROHIBITING ENCROACHMENTS WITHIN THE
STATE OF ILLINOIS RIGHT OF WAY ALONG ILLINOIS ROUTE 71
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 27"'day of February,2018
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on March 19,2018.
EXHIBIT 4
Ordinance No.2018-�
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL
COUNTY,ILLINOIS PROHIBITING ENCROACHMENTS WITHIN THE
STATE OF ILLINOIS RIGHT OF WAY ALONG ILLINOIS ROUTE 71
WHEREAS, the State of Illinois acting by and through its Department of
Transportation,is desirous of improving IL Route 71 from IL 47 to east of IL 126, known
as State Section (1)R,I. Work will include removal of the existing pavement and
construction of new pavement to provide two lanes in each direction with a raised curb
median, curb and gutter, drainage improvements, bicycle and pedestrian
accommodations, and safety improvements. Traffic signals will be improved at IL 47
and replaced at IL 126.; 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 IL Route 71 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.2018-�
Page 2
t
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 IL Route 71, from IL 47 to east of IL 126.
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
mimm 7 , 2018,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 il of the United City of Yorkville, Kendall County, Illinois this
i—�Trc-(adayof 2018. &Z�'-Z////"
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ
Ordinance No.2018-Ica
Page 3
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of 1144Re 14 32018.
Mj/(5R1
Ordinance No.2018-101
Page 4
TSE CITY OF YORKV MJ E WILL CONT04UE ITS ENFORCEMENT OF ORDINANCE 44-4
PROHIBITING CONNECTION Ot SANITARY SEWER AND WASTE WATER IIVTO STORM
SEWERS AND OTHER HIGHWAY DRAJ[NAGE SYSTEMS
I EXHIBIT #5
AN ORDINANCE 4 4
PROHIBITING THE CONNECTION OF SANITARY SEKAGE AND INDUSTRIAL
WASTE-HATER INTO STORM SEWERS AND OTHER HIGHWAY DRAINAGE SYSTEMS
BE IT ORDAINED, by the city of Yorkville, Kendall County, IIlinois:
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 �rditany
fixture
drain, or
device discharging polluting substances, to any pe
drainage structure installed solely for street or highway drainage
purposes in the city of Yorkville.
Section Z. 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 cc p ation violatingai i0s jrdinance
shall bei:ne'¢ ft�less than 4- Dollars (S ) , nor
more thane` s ✓/ Dollars (S�_gjD.�� ) for each offense. and a
separate offense shall be deemed committed for each and every day
during which a violation continues or exists.
APPROVED: f \
STATE OF ILLINOIS )
CITY OF YORKVILLE )
COUNTY OF KENDALL )
PASSED:
Mai-tet, '�' City C1 erk in and for the city of
SIG14ED: -�-� Yorkville hereby certify the
foregoing to be a true. perfect, and
complete copy of an Ordinance adopted
by the York ill City Council t
ts
meeting on M�YGh o
1994. U
(SEAL) City Clerk