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HomeMy WebLinkAbout99-50 Resolution No. 99-50 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE ILLINOIS ROUTE 19 IMPROVEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of Transportation for the Illinois Route 19 improvement, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 24, 1999 Adopted: February 24, 1999 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ,0OFEzol B / City of Elgin Agenda Item No. oRar[)c February 12, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Agreement with the Illinois Department of Transportation for Improvements to IL Route 19 PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with the Illinois Department of Transportation for improvements to Illinois Route 19 (Chicago Street) . BACKGROUND In August of 1998, the City signed a Letter of Intent which committed the City to financial participation in the Chicago Street improvements . Our participation, per the Letter of Intent, included signalization, street lighting, sidewalks and some minor roadway improvements . Additional work was identi- fied after the execution of the Letter of Intent and prior to the completion of the final plans . The attached Agreement is the culmination of the Letter of Intent and additional work the City requested. In addition to the $750, 300 the City committed to the project via the Letter of Intent, $136, 925 worth of additional improvements have been identified on the City' s water main and sanitary sewer. The state appropriation secured by Senator Rauschenberger helps to reduce the City' s costs by funding the City' s share of Chicago Street improvements at Shales Parkway. The cover memorandum sent to the City Council with the Letter of Intent included a description of the future maintenance responsibilities for improvements on Chicago Street . Under signal maintenance, the intersection of Chicago Street and Rohrson Road has been added and the City will pay 25% of the maintenance costs . The attached Agreement includes provisions for the adoption of ordinances prohibiting parking, discharges into storm sewers and encroachments along the proposed improvement . The storm sewer and encroachment ordinances are essentially regulated by current City ordinances, however, the City' s ordinances do not specifically refer to East Chicago Street . The parking Agreement with IDOT, Route 19 Project February 12 , 1999 Page 2 ordinance should have little impact to adjacent business or residential properties as parking typically does not occur along East Chicago Street east of Liberty Street . The three proposed ordinances are included in the attached Agreement as Exhibits B, C and D. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . yi FINANCIAL IMPACT The City' s share of the Illinois Route 19 project has in- creased from the $750, 300 identified in the Letter of Intent to $887, 225, per the attached agreement . The agreement does include a stipulation that the City will need to appropriate additional funds should the project costs increase in areas the City shares responsibility. The 1999 budget includes the $750, 300 in account number 275-0000-791. 93-80, project number 339588 . The additional $136, 925 may be funded as follows : $ 34 , 000 Sewer Fund Account number 430-4202-772 . 92-80, project number 339588 $102 , 925 Water Portion 1999 Bond Sale Account number 399-4000-795 . 92-41, project number 339588 woolf LEGAL IMPACT None. ALTERNATIVES None . RECOMMENDATION It is recommended that the City Council authorize the Mayor to execute the Agreement with the State of Illinois committing a total amount of $887, 225 to the improvement of Chicago Street . It is also recommended that the City Council adopt the three ordinances required by the Agreement . 4- ct ful ly submitt , J.l e A Parker City Manager ttao Attachmentrft Illinois Department of Transportation 2300 South Dirksen Parkway/ Springfield, Illinois/ 62764 March 16, 1999 SUBJECT: PRELIMINARY ENGINEERING Joint City - State Agreement FAU Route 1321 (Illinois 19) Section 1996-022R Job No. C-91-338-97 Cook & Kane Counties Ms. Dolonna Mecum City Clerk 150 Dexter Court Elgin, IL 60120 Dear Ms. Mecum: The Joint Agreement providing for the improvement of this section has been executed by this department. I am sending you an original counterpart of the executed Agreement. Very truly yours, Q-k\l-L & ' Cheryl Cathey, P.E. Chief of Preliminary Engineering F. • • AGREEMENT THIS AGREEMENT entered into this 2.LPktlay of } t-lv'iktu- A.D. 19'6 , by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, and the City of Elgin, County of Kane, Illinois, a municipal corporation of the State of Illinois, hereinafter called the CITY. WITNESSETH: WHEREAS, the STATE, in order to facilitate the free flow of traffic and ensure safety to the motoring public, is desirous of improving approximately 4,141.3 meters (13,585.9 lineal feet) of Illinois Route 19 (FAU Route 1321, State Job No.: C-91-112-93, State Section: 1996-022R, State Contract: 82342), by making the following improvements: Reconstructing Illinois Route 19 from Illinois Route 25 to Willard Avenue, widening and resurfacing Illinois Route 19 from Willard Avenue to Schaumburg Road, providing 1-4.0 meter (13.1 foot) through traffic lane in each direction, a 3.6 meter (11.8 foot) continuous center median/variable width left turn lane as shown on the plans, modernizing traffic signals at the Illinois Route 19 intersections with Illinois Route 25 and Willard Avenue, installing traffic signals at the Illinois Route 19 intersections with Schaumburg Road, Rohrssen Road, Shales Parkway and Poplar Creek Drive, installing an interconnect system from Illinois Route 25 to Rohrssen Road, installing a highway lighting system between Illinois Route 25 and Shales Parkway, constructing new 1.5 meters (5 foot) PCC sidewalks from Illinois Route 25 to Shales Parkway, constructing curb and gutter and a storm sewer system for highway drainage, removing structure 016-1017 on Illinois Route 19 over Poplar Creek and replacing it with structure 016- 2640, and by performing all other work necessary to complete the improvement in accordance with the approved plans and specifications; and • WHEREAS, the CITY has requested that a westbound to northbound right turn lane be installed for Shales Parkway, watermain upgrades, lighting and new sidewalks, be included in the project, and is agreeable to participating in its costs; and WHEREAS, the STATE is agreeable to incorporating construction of said items in its project; and WHEREAS, the CITY is desirous of said improvement in that same will be of immediate benefit to the CITY residents and permanent in nature; NOW THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. The STATE agrees to make all surveys, obtain all necessary rights of way, prepare plans and specifications, receive bids, 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 also agrees to pay, or provide for the payment of, all right of way, 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 the estimated costs of the improvement and cost proration is as shown on Page 2A. 4. The CITY has passed a resolution appropriating sufficient funds to pay its share of the cost of this improvement, a copy of which is attached hereto as Exhibit A and made a part hereof. 2 • • PAGE 2A(Page 1 of 4) ESTIMATE OF COST AND PARTICIPATION STATE LEGISLATIVE FEDERAL STATE APPROPRIATION CITY TOWNSHIP TOTAL TYPE OF WORK COST is COST % COST 1s COST .°6 COST °ls All Roadway and $ 3,260,000 80% $ 815,000 20% $ N/A $ N/A $ N/A $4,075,000 Bridge Work (Non-Safety) P&C Engineering $ 489,000 80% $ 122,250 20% $ N/A $ N/A N/A $ 611,250 (15%) All Roadway $ 810,000 90% $ 90,000 10% $ N/A $ N/A $ N/A $ 900,000 Work(Safety) P&C Engineering $ 121,500 90% $ 13,500 10% $ N/A $ N/A N/A $ 135,000 (15%) • TRAFFIC SIGNALS IL 19 @ IL 25 $ 96,000 80% $ 18,000 15% $ N/A $ 6,000 5% $ N/A $ 120,000 P&C Engineering $ 14,400 80% $ 2,700 15% $ N/A $ 900 5% $ N/A $ 18,000 (15%) IL 19 @ Willard $ 96,000 80% $ 12,000 10% $ N/A $ 12,000 10% $ N/A $ 120,000 Ave. P&C Engineering $ 14,400 80% $ 1,800 10% $ N/A $ 1,800 10% $ N/A $ 18,000 (15% IL 19 @ Poplar $ 80,000 80% $ 13,300 13,3% $ N/A $ 6,700 6.7% $ N/A $ 100,000 Creek P&C Engineering $ 12,000 80% $ 1,995 13.3% $ N/A $ 1,005 6.7% $ N/A $ 15,000 (15%) IL 19 @ Shales $ 90,000 90% $ 5,000 5% $ 5,000 5% $ * $ N/A $ 100,000 Pkwy. P&C Engineering $ 13,500 90% $ 750 5% $ 750 5% $ * $ N/A $ 15,000 (15%) IL 19 @ Rohrssen $ 90,000 90% $ 5,000 5% $ 2,500 2.5% $ * $ 2,500 2.5% $ 100,000 Rd. P&C Engineering $ 13,500 90% $ 750 5% $ 375 2.5% $ * $ 375 2.5% $ 15,000 (15%) PAGE 2A(Page 2 of 4) ESTIMATE OF COST AND PARTICIPATION . FEDERAL STATE STATE LEGISLATIVE CITY TOWNSHIP TOTAL APPROPRIATION . TYPE OE WORK COST (Q COST is COST 26 COST Si COST is IL 19 @ $ 80,000 80% $ 20,000 20% $ N/A $ N/A $ N/A $ 100,000 Schaumburg Rd. P&C Engineering $ 12,000 80% $ 3,000 20% $ N/A $ N/A $ N/A $ 15,000 (15%) Interconnect $ 140,000 80% $ 35,000 20% $ N/A $ N/A $ N/A $ 175,000 P&C Engineering $ 21,000 80% $ 5,250 20% $ N/A $ N/A $ N/A $ 26,250 (15%) OTHER WORK Lighting ' $ N/A $ N/A $ N/A $ 550,000 100% $ N/A $ 550,000 P&C Engineering $ N/A $ N/A $ N/A $ 82,500 100% $ N/A $ 82,500 (15%) New Sidewalk $ N/A $ 55,000 50% $ N/A $ 55,000 50% $ N/A $ 110,000 P&C Engineering $ N/A $ 8,250 50% $ N/A $ 8,250 50% $ N/A $ 16,500 (15%) Right Turn Lane $ N/A $ N/A $ 17,500 100% $ * $ N/A $ 17,500 P&C Engineering $ N/A $ N/A $ 2,625 100% $ * $ N/A $ 2,625 (15%) Watermain Rem. $ 160,000 80% $ 40,000 20% $ N/A $ N/A $ N/A $ 200,000 & Rep1. IL 25 to Willard P&C Engineering $ 24,000 80% $ 6,000 20% $ N/A $ N/A $ N/A $ 30,000 (15%) Watermain $ N/A $ N/A $ N/A $ 20,000 100% $ N/A $ 20,000 - Upgrade IL 25 to Willard P&C Engineering $ N/A $ N/A $ N/A $ 3,000 100% $ N/A $ 3,000 (15%) Watermain work $ N/A $ N/A $ N/A $ 20,000 100% $ N/A $ 20,000 requested by City • PAGE 2A (Page 3 of 4) ESTIMATE OF COST AND PARTICIPATION FEDERAL STATE STATE LEGISLATIVE CITY TOWNSHIP APPROPRIATION TYPE OF WORK COST % COST is COST ____06 COST ?A COST % TOTAL P&C Engineering $ N/A $ N/A $ N/A $ 3,000 100% $ N/A $ 3,000 (15%) Watermain and $ N/A $ N/A $ N/A $ 59,200 100% $ N/A $ 59,200 sanitary sewer adj. P&C Engineering $ N/A $ N/A $ N/A $ 8,880 100% $ N/A $ 8,880 (15%) Watermain $ N/A $ N/A $ N/A $ 42,600 100% $ N/A $ 42,600 quality pipe P&C Engineering $ N/A $ N/A $ N/A $ 6,390 100% $ N/A $ 6,390 (15%) R.O.W. for Shales $ N/A $ N/A $ 4,300 100% $ * $ N/A $ 4,300 Parkway-Parcel • 0027& 0028 (Acquired by City) _ Total $ 5,637,300 $1,274,545 $ 33,050 $ 887,225 $ 2,875 $7,834,995 • PAGE 2A(Page 4 of 4) ESTIMATE OF COST AND PARTICIPATION Note: *The CITY's participation for traffic signals, right turn lanes and right of way costs for the intersections of Shales Parkway and Rohrssen Road will be taken out of the State Legislation Appropriation(providing there is a balance after right of way acquisition for these intersections). The remaining balance of the Appropriation (if any) will be used by the STATE towards the STATE's share for the construction of these intersections. The CITY's participation shall be predicated on the percentages shown above for the specified work. The CITY's cost shall be determined by multiplying the final quantities times contract unit prices plus 15% for construction and preliminary engineering. The CITY's participation toward traffic signals shall not exceed $35,506.25 which represents 125% of the estimated construction and engineering costs for the aforedescribed signals. Watermain costs on Illinois 19 from Illinois 25 to Willard will be borne by the STATE for replacement in kind due to the fact the utility existed prior to the STATE's acceptance of the route. All other CITY requests and upgrades will be at CITY's cost. The TOWNSHIP's participation shall be predicated on the percentages shown above for the specified work. The TOWNSHIP's cost shall be determined by multiplying the final quantities times contract unit prices plus 15%for construction and preliminary engineering. The TOWNSHIP's participation toward traffic signals shall not exceed$3,593.75 which represents 125% of the estimated construction and engineering costs for the aforedescribed signals. s:\wp\projsupp\agmts\rw81130b.doc • Upon award of the contract for this improvement, the CITY will pay to the Department of Transportation of the State of Illinois in a lump sum, from any funds allotted to the CITY, an amount equal to 95% of its obligation incurred under this Agreement, and will pay to said Department the remainder of its obligation (including any nonparticipating costs on FA projects) in a lump sum upon completion of the project, based upon final costs. 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 herein proves to be insufficient to cover said cost. 5. The CITY has adopted, and will put into effect, prior to the STATE advertising for the work to be performed hereunder, an ordinance requiring that parking be prohibited along Illinois Route 19 within the limits of this improvement, within the CITY limits, a copy of which is attached hereto as Exhibit B and made a part hereof, and will, in the future, prohibit parking at such locations within, or immediately adjacent to this improvement as may be determined by the STATE to be necessary from traffic capacity studies. 6. The CITY has adopted, and will put into effect, prior to the STATE advertising for the work to be performed hereunder, an appropriate ordinance prohibiting the discharge of sanitary sewage and industrial waste water into any storm sewers or drainage facilities constructed as a part of this improvement, a copy of which is attached hereto as Exhibit C and made a part hereof. 7. Prior to the STATE advertising for the work to be performed hereunder, the disposition of encroachments will be cooperatively determined by representatives from the CITY and the STATE. The CITY has adopted, and will put into effect, prior to the STATE advertising for the work to be performed hereunder, an appropriate ordinance relative to the disposition of 3 encroachments and prohibiting in the future any new encroachments within the limits of the improvement, a copy of which is attached as Exhibit D and made a part hereof. 8. The CITY agrees to adopt a resolution or send a letter,prior to the STATE advertising for the work to be performed hereunder, approving the plans and specifications as prepared. 9. The CITY agrees not to permit driveway entrance openings to be made in the curb as constructed, without the consent of the STATE. 10. . - . . . 0 cxpcnsc to the STATE. • 11. The CITY agrees to cause its utilities located on right of way acquired by the STATE or installed within the limits of a roadway after the said roadway was taken over for maintenance by the STATE to be relocated and/or adjusted at no expense to the STATE. 12. All CITY owned utilities, on STATE right of way within the limits of this improvement, which are to be relocated/installed under the terms of this Agreement, will be in accordance with the "Accommodation of Utilities on Right of Way of the Illinois State Highway System"(92 Ill. Adm. Code 530). The CITY agrees to obtain from the STATE, an approved permit for the facility, and to abide by all permit conditions associated therewith. 13. Upon completion of the improvement and final field inspection by the STATE, and so long as Illinois Route 19 is used as a STATE highway, the STATE agrees to maintain, or cause to be maintained, the median, the through traffic lanes, the left turn and right turn lanes, and the curb and gutter or stabilized shoulders and ditches adjacent to those lanes. The STATE will be responsible for the maintenance of lane line and median line markings. 4 • 14. Upon final field inspection of the improvement, the CITY agrees to maintain, or cause to be maintained, those portions of the improvement which are not maintained by the STATE, including sidewalks, parkways,igUar•lilf84.6; crosswalk, stopline markings on all effected highways, and maintenance of the mast arm cross street signing facing CITY maintained streets, CITY owned utilities, including all highway appurtenances thereto, highway lighting, including furnishing the electrical energy thereof, and shall maintain P- +orming those functions necessary to keep the sewer in a serviceable conditio including cle•1 ;•: sewer lines, inlets, manholes, and catch basins • g with the repair or replacement of i e , . ole and catch b. • frames, grates or lids, plus structural failures to a maxim :-.• of 12 feet between adjacent manholes. The mainte . • -, repair, and/or reconstructs. • storm sewers constructed . . a part of this improvement beyond the aforedesc •.-•. -:.onsibilities shall be that of the STATE. 5 15a. Upon acceptance by the STATE of the traffic signal work included herein, the financial responsibility for the maintenance and electrical energy charges for the operation of the signal(s) shall be proportioned as follows: Intersection Level of Maintenance Electrical Maintenance Energy IL 19 @ IL 25 II STATE Share 100% 0% CITY Share 0% 100% IL 19 @ Willard Ave. II STATE Share 50% 0% CITY Share 50% 100% IL 19 @ Poplar Creek II STATE Share 66.7% 0% CITY Share 33.3% 100% IL 19 @ Shales Parkway II STATE Share 50% 0% CITY Share 50% 100% IL 19 @ Rohrssen Road II STATE Share 75% 0% CITY Share 25% 100% IL 19 @ Schaumburg Road II STATE Share 100% 100% CITY Share 0% 0% It is mutually agreed that the actual signal maintenance will be performed by the STATE, either with its own forces or through an ongoing contractual agreement. 6 It is further agreed that the signals shall be maintained to the Level of Maintenance shown above. It is understood that Level of Maintenance II exceeds the manual requirements and is prescribed for those signals that the District Engineer, with the concurrence of the Engineer of Operations, determines to require a higher level of service for adequate operations of the highway at those locations. 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 its proportionate share of the cost as billed by the local power company for the intersections shown above. The STATE retains the right to control the sequence and timing of the traffic signals. 15b. Upon acceptance by the STATE of the new traffic signal installation(s) and modernization(s) included herein, the responsibility for maintenance and energy outlined above shall become a part of the Master Agreement executed by the STATE and the CITY on March 3, 1982. The physical maintenance of the traffic signals on Illinois Route 19 shall be performed by the STATE with the expense borne by both parties as provided in 15a,to allow one maintainer to service the entire traffic signal interconnect. 15c. It is also understood that the STATE will maintain the "closed loop" interconnection system from Illinois Route 25 to Rohrssen Road. Maintenance costs for "closed loop" interconnection system will be borne by the STATE. 15d. It is also understood that the traffic signal maintenance at the intersections of Illinois Route 58 at Waverley Drive, at Hiawatha Drive, and at Illinois Route 25 will be transferred to the STATE for continuity of the"closed loop" system. 7 15e. Upon acceptance by the STATE of the "closed loop" interconnection included herein,the financial responsibility for maintenance and energy outlined above in 15c and 15d shall become a part of the Master Agreement executed by the STATE and the CITY on March 3, 1982. 16. If in the future, the Department of Transportation adopts a roadway or traffic signal improvement on Illinois Route 19 passing through the new signal installations included herein, which requires modernization or reconstruction to said installations, then the CITY hereby agrees to be financially responsible for its proportionate share to modernize or reconstruct said signal installation in conjunction with the Department's proposed improvement. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes of the enforcement of any rights pursuant to this agreement shall be in the Court of Claims. 8 • Obligations of the STATE will cease immediately without penalty or further payment being required if, in any fiscal year,the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available funds for this contract. THIS AGREEMENT, and the covenants contained herein, shall become null and void in the event the contract covering the construction work contemplated herein is not awarded within 3 years subsequent to execution of this Agreement. THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. CITY OF ELGIN, A ICIPAL CORPORATION By Mayor / Date: ,Rpw9� ATTEST: City Clerk (SEAL) STATE OF ILLINOIS DEPART ►' T OF TRANSPORTATION By Director of Highway Date: `urtva /4 19931 s:\mgrl\wp\projsupp\agmts\rw81130a.doc 9 • PLAN APPROVAL WHEREAS, in order to facilitate the improvement of Illinois Route 19 known as FAU Route 1321, State Section 1996-022RS the City of Elgin hereby approves the plans and specifications for the proposed construction.(clJ ' 121!° �� APPROVED C..; l' r\ a / re. ///1 Resolution No. 99-51 RESOLUTION APPROPRIATING FUNDS FOR THE ILLINOIS ROUTE 19 IMPROVEMENT WHEREAS, the City of Elgin has entered into an Agreement with the State of Illinois for the improvement of Illinois Route 19 , FAU Route 1321, known as State Section: 1996-002 ; 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 that there is hereby appropriated the sum of $887 ,225, or so much thereof as may be necessary, from any money now or hereafter 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 award of the contract for this improvement, the city will pay to the Department of Transportation of the State of Illinois, in a lump sum from any funds allotted to the city, an amount equal to 95% of its obligation incurred under this Agreement, and will pay to said department the remainder of its obligation ( including any nonparticipating costs for FA projects) in a lump sum, upon completion of the project based upon final costs . BE IT FURTHER RESOLVED that the City of Elgin agrees to pass a supplemental resolution to provide necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient to cover said cost. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 24 , 1999 Adopted: February 24 , 1999 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk EXHIBIT A Ordinance No. G8-99 AN ORDINANCE RESTRICTING PARKING ALONG EAST CHICAGO STREET WITHIN THE CITY OF ELGIN WHEREAS, the State of Illinois acting by and through its Department of Transportation is desirous of improving East Chicago Street between Liberty Street and Rohrson Road in the City of Elgin; and WHEREAS, a portion of this project runs through the City of Elgin; and WHEREAS, in order to facilitate the free flow of traffic and ensure safety to the motoring public, the City of Elgin agrees that the parking along East Chicago Street shall be prohibited. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That parking shall not be permitted along East Chicago Street from Liberty Street to Rohrson Road within the city limits of the City of Elgin. Section 2 . That the City Council of the City of Elgin will prohibit future parking at such locations on or immediately adjacent to East Chicago Street as may be determined and directed by the State of Illinois to be necessary to ensure the free flow of traffic and safety to the motoring public . Section 3 . That the City Clerk is hereby authorized and directed to attach a copy of this ordinance to the agreement dated February 24 , 1999 by and between the State of Illinois and the City of Elgin. Section 4 . That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 24 , 1999 Adopted: February 24, 1999 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk EXHIBIT B Ordinance No. G9-99 AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS PART OF THE EAST CHICAGO STREET IMPROVEMENT WHEREAS, the State of Illinois acting by and through its Department of Transportation is desirous of improving East Chicago Street between Liberty Street and Rohrson Road in the City of Elgin; and WHEREAS, said project includes the installation of storm sewers and drainage facilities ; and WHEREAS, a portion of the project runs through the City of Elgin including the installation of storm drains and drainage facilities . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . No person, firm, corporation or other entity shall discharge any sanitary waste or industrial waste water into any storm sewer or drainage facility constructed as part of the East Chicago Street improvement, said limits of improvement begin between Liberty Street and Rohrson Road, and a portion of which passes through the City of Elgin. Section 2 . That the City Clerk is hereby authorized and directed to attach a copy of this ordinance to the agreement dated February 24, 1999 by and between the State of Illinois and the City of Elgin, relative to the East Chicago Street improvement. Section 3 . That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 24, 1999 Passed: February 24 , 1999 Vote: Yeas 6 Nays 0 Recorded: February 25, 1999 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk EXHIBIT C • Ordinance No. G10-99 AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG EAST CHICAGO STREET WHEREAS, the State of Illinois acting by and through its Department of Transportation is desirous of improving East Chicago Street between Liberty Street and Rohrson Road in the City of Elgin; 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, a portion of said project passes through the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . No person, firm, corporation or other entity shall install , place, maintain or construct any structure that encroaches upon the State of Illinois right of way on East Chicago Street within the limits of the City of Elgin. Section 2 . That the City Clerk is hereby authorized and directed to attach a copy of this ordinance to the agreement dated February 24 , 1999 by and between the State of Illinois and the City of Elgin, relative to the improvement of East Chicago Street . Section 3 . That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 24 , 1999 Passed: February 24 , 1999 Vote: Yeas 6 Nays 0 Recorded: February 25, 1999 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk EXHIBIT D