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75-0409 IDOT Route 31 Improvement Project nor rY' •; . , y . 4n'!' 1- c . •, • ^fit,- ,.. ^'i.' ,A RESOLUTION ;,.. AUTHORIZING AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENT OF ILLINOIS ROUTE 31 , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Leo I. Nelson, City Manager, be and is hereby authorized and directed to execute a written agreement on behalf of the City of Elgin with the Department of Transportation, State of Illinois, for the improvement of - Illinois Route 31, designated as FA Route 23, State Section 1972-2SBRS, City Section 89 CS, Kane County, Illinois, from U.S. Route 20 by-pass, northerly to the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks. s/ W. E. Rauschenberger • W. E. Rauschenberger, Mayor • Presented: April 9, 1975 Adopted: Apri.1 9, 1975 • Vote: Yeas 7 Nays 0 Recorded: April 9, 1975 Attest: • s/ Margaret A. Clink Margaret A. Clink, City Clerk • • • ! 5• a 1 N 1„..,„ 4 424,- .3- - x ' , : i s} � i. a{V.ti 4at ,F,;, AGREEMENT J(( This A reement. entered into this q� do of Neil..' ,. e141.0!!":' : : , , . - , . .: - .. ' ' • ..-., .., ....zz4.ilkPit 'Att . . ,193+ � 'i::: .=s, �T� :: °,y`. by and between the STATE OF ILLINOIS, acting by and through its DEPAR HENT OF TRIS- :_ .• - < PORTATIOY, hereinafter called the STATE, and the CITY OF ELGIN. of the State ofilli- ' • ..i!- " nois, hereinafter called the CITY. } . `J, x= • • WITNESSETH: . WHEREAS, the STATE, in order to provide for the free flow of traffic and ' - - ' provide safety to the motoring public, is desirous of Improving, under the designee • - • tion of F.A. Route 23 (Illinois Route 31), State Section 1972-25885, City Section ' ' )1 >:= - : 89CS, Kane County, State Street in Elgin from U.S. Route 24, Cypass northerly tome :. k:_. .z. ••..;. ilcago, Milwaukee, St. Paul and Pacific Railroad tracks, a •distance of ipprexii*tely , i'!'- :2 .47 miles. by resurfacing the existing 38.'foot and variable width'pav nt *State -.. i, Street from the U.S. Route 20 Bypass to Highland Avenue, widening and., surfac ., : - --Afr'om an existing 3S-foot face to face and variable pavement to 48-foot.f-F froarJ:-` . 7: • Highland Avenue to Wing Street. resurfacing the existing 48-foot and variable wi4th • ,i . 'pavement from Wing Street to ae Chicago. Milwaukee, St. Paul and-Pacific Railroad . tracks. waterproofing and resurfacing the bridge deck over the Chicago. Milwaukee, t, Pa :• ,3ul and Pacific Railroad, improving the intersection of State Street with : ;. - Walnut Avenue, Chicago Street. Highland Avenue and Kimball Street, modifying the : - '':traffic signals at the above intersections, constructing curb and gutter. •storm sewer drainage appurtenances. and all incidental and collateral work necessary to . .3 : complete the improvement; and. • J .1ti,� . WHEREAS, the CITY Is desirous of making said improvements in that the seine , , r :;.::: hill also be of immediate benefit to the CITY residents; s ' NOW, THEREFORE. in consideration of the mutual covenants contained herein. L' tie parties hereto agree as follows: 4. .147';" :',:;, ;, . . • . {��{S.fy ti. ' . , " {_' ' {t �P ". 1. The STATE agrees to make surveys, prepare plans and specifications' "-�`:``�• . " x ' secure all necessary agreements, receive bids and award the contract, . {,• ,, ' ' furnish engineering supervision and inspection during construction and cause the improvement to be built in accordance with the plans, specifications and contract. • • 2. The STATE agrees to pay all rights of way, construction and engineering • costs, subject to reimbursement by the CITY as hereinafter stipulated. 3. The STATE agrees to pay three hundred forty thousand dollars ( 340,000) as its share of the cost of this improvement. . 4. It is mutually agreed by and between the parties hereto that the esti- mated construction. engineering and right of way costs of this improve- ment are as follows: 4k6 :41 Construction Costs . . . . •. . •. $ 670,000 2�0i0� :4t� - Right of Way Costs . . . . . . • 100,000 el Engineering Costs (9%) 70,000 3-}a} - Total . . •S 840,000 . -. .. ,::' 5. Upon completion of the improvement the STATE agrees to maintain or cause • to be maintained, the median. the two (2) through lanes (24-foot pavement) on State Street, from U.S.20 Bypass to Chicago Street, 4 0 11 feet (44- - ' t,- - ' foot pavement) from Chicago Street to Wing Street, two (2) through lanes (24' pavement) from Wing Street to the north limit of the improvement, the left-turn and right-turn lanes and the bridge at the north limit of the improvement. ' '' ,T. .[ 6. The STATE H111 acquire all necessary rights of way, which will be paid • by the CITY. "-`'- 7. The STATE reserves the right to set and control traffic signal timing end phasing for all signals affecting traffic control on marked State highways. • The STATE will maintain all traffic signals under its electrical • • r ance contract, constructed as a part of this improvement; 'however, 4� r`. will bill the CITY for one hundred percent (100%) of the cost of main*. . • taining the signals located within the corporate limits of the CITY. Billing will be submitted to the CITY at three-month intervals. , 9. The STATE will arrange with the power company to bill the CITY for the cost of electrical energy necessary to operate the signals. 10. The CITY agrees to pay for the total cost of this improvement except for the amount to be paid by the STATE (Paragraph 3). The cost to the CITY Is estimated to be FIVE HUNDRED THOUSAND DOLLARS ($500,000). Upon noti- • fication by the STATE of award of the contract for this improvement, the CITY will pay to the Department of Transportation of the State of Illinois the amount of TWENTY THOUSAND EIGHT HUNDRED THIRTY,FOUR DOLLARS ($20,834) • each month for a period of approximately twenty-four (24) months, or until the entire obligation of the CITY under the provisions of this agreement has been paid. 11. The CITY will locate and mark the existing Right of Way. 12. The CITY agrees to adopt, prior to the STATE advertising for the word to be performed hereunder, an ordinance prohibiting parking along State Street from Washburn Street to Walnut Avenue and from Highland Avenue to the north limit of the improvement, a copy of which is attached hereto as Exhibit A, and will in the future prohibit parking at such locations on or immediately adjacent to this improvement as may be determined to • be necessary by the STATE from traffic capacity studies. Parking will be parallel to the curbs, between Walnut and Highland Avenues. 13. Upon completion of the improvement the CITY agrees to maintain or cause to be maintained, those portions of the improvement which are not to be maintained by the STATE, Including all parking lanes, curbs, gotsr: . - sidewalks, manholes, catch basins, storm sewer, utilities and appur antes. which He within the corporate limits of the CITY. +` 14. The CITY will reimburse the STATE for one hundred percent (100:) of the cost of maintaining the traffic signals constructed as part of this im- provement. The billing will be through the District Transportation Office. • . 15. The CITY will be responsible for one hundred percent (1045) of the energy costs for the operation of the traffic signals constructed as part of this improvement. 15. The CITY will exercise its franchise rights to cause private utilities, • to be adjusted at no expense to the STATE. The STATE will adjust nunici- pally owned utilities at its own expense. 17. The CITY agrees to provide, prior to the STATE advertising for the work to be performed hereunder, approval of the plans and specifications as prepared, by letter or resolution. 18. The CITY has adopted and will put into effect prior to the STATE adver- tising for the work to be performed hereunder, an appropriate ordinance prohibiting the discharge of sanitary and industrial waste water into . any storm sewer constructed as part of this improvement. a copy of which is attached hereto as Exhibit B. 19. Prior to the STATE advertising for ,the work to be performed hereunder, the disposition of encroachments will be cooperatively determined with representatives from the CITY and STATE. The CITY has adopted and will put into effect prior to the STATE . advertising for the work to be performed hereunder. an appropriate ordi. • : , nance relative to the disposition of encroachment and prohibiting in the '' ' future any new encroachment within the limits of the improvement, a copy , -, of which Is attached as Exhibit C. • +.• t.:,- 20. The CITY agrees not to permit driveway entrance openings to be made in v.,; the curb as constructed, without the consent of the STATE. 21. The CITY has passed a resolution approving sufficient funds other than Motor Fuel Tax funds to pay its share of the cost of this improvement, a copy of which is attached as Exhibit D. The CITY agrees to pass a supplemental resolution to provide neces- sary funds for its share of the cost of this improvement if the amount 14. appropriated herein proves to be insufficient to cover said cost. V: : ,.' This agreement and the covenants contained herein shallbecome null and void 1 in the event the contract covering the construction work contemplated herein for P . F.A. Route 23, Section 1972-25BRS, is not awarded by December 31, 1980. This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. , • V 1This cj day of A.D..)1" " 1975 • CI IF ELGIN gi 1 --,). , . 4V A ATTEST: By City snag•r . ., ' STATE OF ILL S e•-' DEPARTMENT T SPORT • • ..,i ATTEST: ...,. 1 Vir Se etary •s� - e.._ N ,/, X9.7, �'z•� Director of Highways i AOVROrW ' F,bI i4,(4e. S CERTIFICATE OF CITY CLERK s , • ` a' 4 -• STATE OF ILLINOIS ) - • + '. COUNTIES OF KANE AND COOK ) SS ' ` CITY OF ELGIN ) . 1 . - "' `` • I, Margaret A. Clink, DO HEREBY CERTIFY that I am the City Clerk 4 _• of the City of Elgin, Illinois, and that as such City Clerk I am the " keeper and custodian of the files and records of said City of Elgin • and the seal thereof. , I DO FURTHER CERTIFY that the attached is a full, true and t correct copy of: • "RESOLUTION AUTHORIZING AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENT OF ILLINOIS ROUTE 31" • Y ' :y ' f the original of which is entrusted to my care for safe keeping. ^'a In Witness Whereof, I have hereunto set my hand and affixed the _ 1 corporate seal of the City of Elgin at the said City in the Counties . and State aforesaid this 16th day of April , 1975 • . f. t.' • . , )9')62-eda't.�.C-� . /� 4. 4 .- City Clerk *;„1: (SEAL) u -:-.4, , A j • • RESOLUTION AITTHORIZING AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION • FOR THE IMPROVEMENT OF ILLINOIS ROUTE 31 . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Leo I. Nelson, City Manager, be and is hereby authorized and directed to execute a written agreement on behalf of the City of Elgin with the Department of Transportation, State of Illinois, for the improvement of . Tllinois Route 31, designated as FA Route 23, State Section 1972-2SBRS, City Section 89 CS, Kane County, Illinois, from U.S. Route 20 by-pass, northerly to the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks. s/ W. E. Rauschenberger W. E. Rauschenberger, Mayor Presented: April 9, 1975 Adopted: April 9, 1975 • Vote: Yeas 7 Nays 0 Recorded: April 9, 1975 Attest: s/ Margaret A. Clink Margaret A. Clink, City Clerk 3 CERTIFICATE OF CITY CLERK ,: yam. rr '-{,./41 . `1• l STATE OF ILLINOIS ) • r..r- .r'. COUNTIES OF KANE AND COOK ) SS CITY OF ELGL'i ) • I, Margaret A. Clink, DO HEREBY CERTIFY that I am the City Clerk * of the City of Elgin, Illinois, and that as such City Clerk I am the f;r keeper and custodian of the files and records of said City of Elgin -.,d. aC` • and the seal thereof. , , I.D0 FURTHER CERTIFY that the attached is a full, true and . Correct copy of: $ i • Ordinance No. G17-75 "AN ORDINANCE PROHIBITING PARKING ON STATE STREET BETWEEN WASHBURN STREET AND WALNUT AVENUE AND FROM HIGHLAND AVENUE TO THE CHICAGO, MILWAUKEE, ST. PAUL • V.= AND PACIFIC RAILROAD TRACKS" the original of which is entrusted to my care for safe keeping. In Witness Whereof, I have hereunto set my hand and affixed the . corporate seal of the City of Elgin at the said City in the Counties = and State afores'id this 16th day of April , 197 S . •• ti • 5110--td a.--z.. ...ie a Z.._‘.e.......f.k_:) , , • City Clerk (SEAL) ,y+,,,`--,-* f _ • • • , � t• �'k Ordinance so. •G17.1 • AN ORDINANCE PROHIBITING PARKING ON STATE STREET BETWEEN WASHBURN STREET AND WALNUT AVENUE AND FROM HIGHLAND AVENUE TO THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TRACKS 6 . �.`. BE IT ORDAINED BY TETE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: `.t Section 1. That Article X, Section 17-1003 of the Code of the City • of Elgin is hereby amended by adding to the designated places where park- ing is prohibited under Subsection 17-1003-3.13 the following: State Street between Washburn Street and Walnut Avenue and from Highland Avenue to the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from . and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council. • • 9/ W. E. Rauschenberger - W. E. Rauschenberger, Mayor Presented: April 9, 1975 Passed: April 9, 1975 Vote: Yeas 7 Nays 0 . • Recorded: April 9, 1975 Published: April 9, 1975 • • Attest: • z 8/ Margaret A. Clink • Margaret A. Clink, City 'Clerk Exhibit A • • CERTIFICATE OF CITY CLERK • • STATE OF ILLINOIS ) COUNTIES OF KANE AND COOK ) SS CITY OF ELGIN ) • I, Margaret A. Clink, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true and correct copy of: Ordinance No. G15-75 "AN ORDINANCE PROHIBITING THE CONNECTION 4 OF SANITARY OR INDUSTRIAL WASTE SEWERS TO STORM WATER DRAINAGE SYSTEMS" 1 • • • the original of which is entrusted to my care for safe keeping. • In Witness Whereof, I have hereunto set my hand and affixed the • corporate seal of the Cit) of Elgin at the said City in the Counties and State aforesaid this 16th day of Aril , 1975 . • )/)2(ilj • . • • City Clerk• (SEAL) • • . . ,t t • - _f' Ordinance No. G15-75 .4 AN ORDINANCE PROHIBITING THE CONNECTION OF SANITARY OR INDUSTRIAL WASTE SEWERS TO STORM WATER DRAINAGE SYSTEMS • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. It shall be unlawful for any person, firm or corporation 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 storm,: water drainage system constructed as part of this improvement. Section 2. 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 3. That this ordinance shall be published in pamphlet form by authority of the City Council and shall be effective after its passage, publication and approval as provided by law. . • a/ W. E. Rauschenber e _ . W. E. Rauschenberger, yor t , Presented: April 9, 1975 • Passed: April 9, 1975 Vote: Yeas 7 Nays 0 Recorded: Apri' 9, 1975 Published: April 9, 1975 Attest: s/ Margaret A. Glink Margaret A. Glink, City Clerk • 1 • • • Exhibit B 1 r �^ :�;. . r_, ' CERTIFICATE OF CITY CLERK - "� . "� ...:, • - . 4 ii..T^J.. -rf. STATE OF ILLINOIS ) ' COUNTIES OF KANE AND COOK ) SS CITY OF ELGIN ) • I, Margaret A. Clink, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true and correct copy of: s •.fir. ' Ordinance No. G16-75 "AN ORDINANCE REGULATING ENCROACHMENT ON THE PUBLIC RIGHT OF WAY IN THE CITY OF ELGIN, KANE COUNTY, • a .• ILLINOIS" • • • •: ,the original of which is entrusted to my care for safe keeping. • In Witness Whereof, I have hereunto set my hand and affixed the' corporate seal of the City of Elgin at the said City in ••he Counties . . and State aforesaid this 16th day of April , 1975 •rJ • • N27)9a-ed e2- • City Clerk • (SEAL) • $`i t'' ' ,'`: ,� �s '-_ - :4 • Ordinance No. G16-75 - • AN ORDINANCE . REGULATING ENCROACHMENT ON THE PUBLIC RIGHT OF WAY IN THE CITY OF ELGIN KANE COUNTY, ILLINOIS WHEREAS, the City of Elgin hereinafter known as the City, and the :'.4 State of Illinois, acting by and through its Department of Transportation, Division of Highways, have entered into an agreement relative to the . improvement of State Street (Illinois Route 31, F.A. Route 23, State Section 1972-2SBRS, City of Elgin Section 89CS) , from U.S. By. Pass Route 20 to the Chicago, Milwaukee, St. Paul and Pacific Railroad; and . WHEREAS, in order to facilitate said improvement, it is necessary for the City to adopt an ordinance regulating encroachments on the right 4 of way for said improvement in accordance with the following definitions: i ' RoadwayRi_�ghto is defined as those areas existing or - '. • . acquire Ty a cation or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time ' the easement is in effect; . • ..1 Project Right of Way is defined as those areas within the pro- ' ject right-of-way lines established jointly by the City and the • State, 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 J. and public road signs) , which is placed, located or maintained in, on, under or over any portion of the project right of way or the roadway right of way where no project right-of-way 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 lane 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 con- • strued 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 the area lying between the project right-of-way limits and the platted street limits within which the City, by concurrence in the establishment of the project right-of-way lines, will permit the State to enter to perform all - necessary construction oeprations; and WHEREAS, representatives of the City and the State have, by visual inspec- • tion, cooperatively established project right-of-way lines and have :;lutwali.y `.. determined the disposition of encroachments. em` ' ` =; sem'" v ' • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ,QFp0o. ' 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 _. t 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 ;J - shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. 2 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 • :o 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 24 and after its passage, approval and publication in the manner provided by law.' T s/ W. E. Rauschenber er 34 • • us erger, yor K Presented: April 9, 1975 - Passed: April 9, 1975 Vote: Yeas 7 Nays 0 • • ,-. Recorded: April 9, 1975 ,t+ Published: April 9, 1975 fl Attest: • Y, {f F' "i . - a/ Margaret A. Clink tJ '. garet A. li , ity er - zt s 3 A, 4 v , r , ' Exhibit C - RESOLUTION - • W11EREAS, the City of Elgin has entered into an agreement with the State of Illinois for the improvement of State Street (F.A. Route 23, Illinois Route 31) known as State Section 1972-2513RS, City of Elgin Section 89 CS; and, WHEREAS, in compliance with the aforementioned agreement, it is necessary for the City to appropriate funds other than Motor Fuel Tax funds to pay its share of the cost of said improvement, . NOW, THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000) , or so much thereof as may be necessary, from any funds other than Motor Fuel Tax funds, to pay its share of the • cost of this improvement as provided in the agreement; and, . • BE IT FURTHER RESOLVED, that upon notification from the State of the award' of the contract for this improvement, the City will pay to the Department of Trans- portation of the State of Illinois from any funds other than Motor Fuel Tax funds • the amount of TWENTY THOUSAND EIGHT HUNDRED THIRTY-FOUR DOLLARS ($20,834) each month ' for a period of approximately twenty-four (24) months, or until the entire obligation of the City under the provisions of the agreement has been pa:.d; and, • -- - BE IT FURTHER RESOLVED, that the City agrees to pass a supplemental reso- lution to provide necessary funds for its share of the cost of this improvement ii the amount appropriated herein proves to be insufficient to cover said coSt. . STATE OF ILLINOIS ) . CITY OF ELGIN ` SS ` • COUNTY OF KANE ) lir• i, Miss, n, ,,,}. „7e/J1 �_ • '` &ek2,, Clerk in and for the APPROVED ' of (#•!J_,.;.� • . hereby cert)ify the for'egoing to be. a true, perfect and complete copy,o£ ,` • , 19 resolution adopted by the �' t • ' i ..44,,,,<<<. at a meeting onOj',j' f , 19 ;