HomeMy WebLinkAboutG18-78 Ordinance No. G18-78
AN ORDINANCE
REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY
OF BUSINESS U.S. ROUTE 20 (CLIFTON AVENUE TO STATE STREET)
IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS
WHEREAS, the City of Elgin, hereinafter known as the City, and the State
of Illinois, acting by and through its Department of Transportation, Division
of Highways, have entered into an agreement relative to the improvement of
Business U.S. Route 20 (F-A.P. Route 557, State Section 1977-125-RS, City
Section 77-00103-00-RS) from Clifton Avenue to State Street (Illinois Route 31) ;
and
WHEREAS, in order to facilitate said improvement it is necessary for the
City to adopt an ordinance regulating encroachments on the right of way for
said improvement in accordance with the following definitions:
Roadway Right of Way is defined as those areas existing or acquired
by dedication or by fee simple for highway purposes; also, the areas
acquired by temporary easement during the time the easement is in
effect;
Project Right of Way is defined as those areas within the project
right of way lines established jointly by the City, State, and the
Federal Highway Administration which will be free of encroachments
except as hereinafter defined;
Encroachment is defined as any building, fence, sign or any other
structure or object of any kind (with the exception of utilities
and public road signs) , which is placed, located or maintained in,
on, under or over any portion of the project right of way or the road-
way right of way where no project right of way line has been established;
Permissible Encroachment is defined as any existing awning, marquee,
advertising sign or similar overhanging structure supported from a
building immediately adjacent to the limits of the platted street where
there is a sidewalk extending to the building line and which does not
impair the free and safe flow of traffic on the highway; the permissive
retention of overhanging signs is not to be construed as being applicable
to those signs supported from poles constructed outside the project right
of way line and not confined by adjacent buildings;
Construction Easement Area is defined as that area lying between the
project right of way limits and the platted street limits within which
the City, by concurrence in the establishment of the project right of
way- lines, will permit the State to enter to perform all necessary con-
struction operations; and
WHEREAS, representatives of the City, the State, and the Federal Highway
Administration have, by visual inspection, cooperatively established project
right of way lines and have mutually determined the disposition of encroach-
ments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
KANE COUNTY, ILLINOIS:
Section 1. It shall be unlawful for any person, firm or corporation to
erect or cause to be erected, to retain or cause to be retained, any encroach-
ment (herein above defined), within the limits of the project right of way or
roadway right of way where no project right-of-way lines have been established.
Section 2. This ordinance is intended to and shall be in addition to
all other ordinances, rules and regulations concerning encroachments and
shall not be construed as repealing or rescinding any other ordinance or part
of any ordinance unless in direct conflict therewith.
Section 3. Any person, firm or corporation violating this ordinance
shall be fined not less than twenty-five dollars ($25.00) nor more than five
hundred dollars ($500.00) for each offense, and a separate offense shall be
deemed committed for each and every day during which a violation continues
or exists.
Section 4. That this ordinance shall be in full force and effect from
and after its passage, approval and publication in the manner provided by law.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: March 8 1978
Passed: March 8, 1978
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk