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98-256 Resolution No. 98-256 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE ADOPT-A-HIGHWAY PROGRAM (Alpha Delta Kappa) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of Transportation for the adopt-a-highway program, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 28, 1998 Adopted: October 28, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Illinois Department of Transportation Division of Highways/District 1 201 West Center Court/Schaumburg, Illinois 60196-1096 LOCAL: Elgin ' ,��. ' ' OPERATIONS: Signs-Adopt-A-Highway 2 November 19, 1998 Mr. Gary W. Miller CITY OF ELGIN Interim Public Works Director PUBLIC WORKS City of Elgin 150 Dexter City Elgin, IL 60120-5555 Dear Mr. Miller: Enclosed is a copy of the approved "Adopt-A-Highway, Determination of Adoptability" form. The approved location is: IL 25 from IL 58 (Summit Street) to Congdon Avenue. Also enclosed for your reference is a copy of HB2741 which lists the responsibilities of participants in the"Adopt-A-Highway"program. If you have any questions or need additional information, please contact me or Mr. Don Chiarugi, our Area Traffic Field Engineer, at(847)741-5302. Very truly yours, John P. Kos, P.E. District Engineer By: f A. "a v macher,P.E. Arterial I affic Operations DC/trs Enclosure cc: R. Holub,N. Magnus R. Payne s:\wp\arterial\ts 1119d.doc Illinois Department ADOPT-A-HIGHWAY of Transportation DETERMINATION OF ADOPTABILITY The municipality of Elgin , hereinafter termed the Sponsoring Jurisdiction, requests concurrence of the Illinois Department of Transportation, that the below listed section(s) of non-freeway State highway(s) are safe for adoption in the Sponsoring Jurisdiction's Adopt-A-Highway program. The Director of the program will be Gary W. Miller who may be contacted at ( 7T 931- 5975 847 The Sponsoring Jurisdiction agrees to abide with all of the requirements of the Illinois Adopt-A-Highway Act and to ensure that participating groups likewise abide with the requirements of the Act. Further, the Sponsoring Jurisdiction agrees to abide with the Adopt-A-Highway Sign Standards printed on the reverse side of this sheet. The Sponsoring Jurisdiction also agrees to secure written commitments from participating groups to hold the State and the State's agents or employees harmless from any and all claims or action resulting from the program. Location(s) to be adopted: Route 25 - Congdon Avenue to Summit Street SPONSORING JURISDICTION Submitted by: -7/ --- rMayor Date: (Name at Title) ILLINOIS DEPARTMENT OF TRANSP TATION ee Approved by: • L>` / /� Date: ///Z3/9a Distr ct Engine E SINC LEGISLATIVE INFORMATION SYSTEM AGE: 001 ENROLLED LEGISLATION IBsINCG 8H2741 EMM AMENDMENTS: HOUSE- 2 SENATE- 1 92/09/16 H PA 87-11_ AN ACT in relation to the adoption of certain rights of ways , amending named Acts. Be it enacted by the People of the State of Illinois, represented in the General Assembly: See-t..on 1. Short title . This Act may be cited as the Illinois Adopt-A-Highway Act. Section 5 . Purpose. The Adopt-A-Highway program allows private citizens to support municipal, township, and county anti-litter efforts by allowing groups to adopt a section of highway for the purpose of litter collection. The following Sections set forth the uniform guidelines and requirements for the administration of Adopt-A-Highway programs in the State of Illinois. Section 10 . Definitions . For purposes of this Act: "Group" means members or employees of civic or not-for-profit organizations, and commercial or private enterprises, who have requested to participate, or are participating in, an Adopt-A-Highway program. "Litter" means any unsightly or offensive matter that may include, but is not limited to, disposable packaging, containers, cans, bottles, paper, ashes, and cigar and cigarette butts. Litter does not include hazardous, heavy, large items, or carcasses. "Group coordinator" means the individual selected by a group to serve as its liaison with a sponsoring jurisdiction. "Group president" means the individual who is the recognized leader, president, or chairman for a group. "Adopted section" means a length of municipal, township, or county right-of-way, and a length of State right-of-way identified by the Illinois Department of Transportation and sponsoring jurisdiction as a safe, adoptable section of -2- right-of-way located within the corporate limits of a municipality, approved by the sponsoring jurisdiction ' s director for adoption by a group. Sections of rights-of-way may be determined inappropriate for adoption for safety reasons. No interstate highway shall be an adopted section. "Director" means the designee or designees for any municipality, township, or county who has responsibility for the administration of a jurisdiction ' s Adopt -A-Highway programs. "Sponsoring jurisdiction" means any municipality, township, or county that establishes Adopt-A-Highway programs within its jurisdictional area. Section 15 . Participation in Adopt-A-Highway Program. Groups may apply to a sponsoring jurisdiction for participation in the jurisdiction ' s Adopt-A-Highway program. The sponsoring jurisdiction shall establish the terms and procedures groups must follow in applying for participation in the Adopt-A-Highway program. section 20. Agreement. (a) The sponsoring jurisdiction shall have sole responsibility in determining whether 'an application is rejected or accepted. If an application is approved, the group coordinator and group president shall execute a written agreement with the sponsoring jurisdiction that provides for the group' s participation in the Adopt-A-Highway program. (b) The agreement shall be in the form prescribed by the sponsoring jurisdiction and shall, at a minimum, contain the following: (1) an acknowledgment by the group of the hazardous nature of the work involved in participating in the Adopt-A-Highway program; (2) an agreement to comply with the terms and conditions in the Act and any other terms and conditions -3- required by the sponsoring jurisdiction; (3) an agreement that the volunteers or the volunteer' s agents shall assume all liability for and hold the State and the State' s agents or employees harmless from any and all claims of action resulting from the group' s volunteers or agents work in the program,_ except for the negligent acts of the State, and the State ' s agents or employees; (4) an agreement that the volunteers or the volunteer' s agents shall assume all liability for and hold the sponsoring jurisdiction and the sponsoring jurisdiction ' s agents or employees harmless from any and all claims of action resulting fror the group' s volunteers or agents work in the program, except for the negligent acts of the sponsoring jurisdiction and the sponsoring jurisdiction' s agents or employees; (5) an agreement that the members of the group are jointly and severally bound by the terms and conditions set forth in the agreement; and (6) the respective responsibilities of the group and the sponsoring jurisdiction as contained in Sections 25 and 30 of this Act. • Section 25 . Responsibilities of the group. Groups participating in an Adopt-A-ffighway program shall: (1) be required to obey and abide by all laws and regulations relating to safety and any other terms and conditions as required by the sponsoring jurisdiction; (2) provide one adult supervisor for every 5 youths when persons under age 18 are present on an adopted section; (3) not allow a person under the age of 10 to be a member of the group who would be volunteering for the purpose of litter collection; (4) require all group members to attend a safety • -4- • meeting conducted by the group before participation in any litter collection along an adopted section; (5) require the group coordinator, or designee, to conduct group safety meetings and to receive safety training as required by the sponsoring jurisdiction; (6) adopt a section for a minimum of 2 years; (7) collect litter along an adopted section 4 times a year, or as required by the director; (8) require the group coordinator to provide prior . notice, as required by the director, whenever the group intends to collect litter along its adopted section; (9) require group members to properly wear any safety apparel provided by the sponsoring jurisdiction while collecting litter on an adopted section; (10) be responsible for prohibiting members from possessing, consuming, or being under the influence of alcohol or drugs while on an adopted section; (11) maintain a first-aid kit and an adequate supply of drinking water while members are collecting litter along an adopted section; (12) place litter in trashbags provided by the sponsoring jurisdiction and place filled trashbags at a location on the adopted section as designated by the director; and (13) not subcontract or assign its duties or responsibilities to any other group or organization. Section 30. Responsibilities of the sponsoring jurisdiction. The sponsoring jurisdiction shall: (1) determine the specific section of right-of-way that is adopted; (2) erect a sign that conforms with Section 35 at each end of an adopted section with the name or acronym of the group displayed; (3) provide a group with garbage bags; -5- (4) provide a group with safety apparel and signs cautioning the public, if required by the sponsoring jurisdiction; and (5) remove filled garbage bags from an adopted section as soon as practical after litter collection has occurred, and shall otherwise be responsible for removing litter from adopted sections only under unusual circumstances such as to remove large, heavy, or hazardous items. Section 35. Signs. Adopt-A-Highway signs shall be uniform Statewide in terms of shape, color, text, and location. The Illinois Department of Transportation shall develop and announce standards for Adopt-A-Highway signs within 90 days of the effective date of this Act. Nothing in this Act shall prohibit the sponsoring jurisdiction and the Illinois Department of Transportation from working cooperatively to carry out the intent of the Adopt-A-Highway Program. Section 40. Safety training. The sponsoring jurisdiction shall develop the safety training programs that are to be utilized by group coordinators in compliance with Section 25 of this Act. Safety training programs shall be appropriate for the various types of roadway that may be adopted within a jurisdiction. Section 45. Other conditions. (a) A sponsoring jurisdiction may establish other procedures and requirements for the administration of its Adopt-A-Highway programs. The procedures and requirements shall not be inconsistent with any provision of this Act. (b) The sponsoring jurisdiction shall have the right to terminate an agreement if a group does not meet the terms and conditions of its agreement, or if the group' s involvement in -6- the Adopt-A-Highway program is inconsistent with any other restrictions ., or limitations established by the sponsoring jurisdiction. (c) No part of this Act shall prevent the execution of intergovernmental agreements . • Section 90. The Illinois Vehicle Code is amended by changing Sections 11-•303 and 11-310 as follows: (Ch. . 95 1/2, par. 11-303) Sec. 11-303. The Department to place signs on all State highways . (a) The Department shall place and maintain such traffic-control devices, conforming to its manual and specifications on all highways under its jurisdiction as it shall deem necessary to indicate and to carry out the provisions of this Chapter or to regulate, warn or guide traffic. (b) No local authority shall place or maintain any traffic-control device upon any highway under the jurisdiction of the Department except by the latter' s permission. (c) The Department shall erectand maintain guide, warning and direction signs upon highways in cities, towns and villages of which portions or lanes of such highways are under the control and jurisdiction of the Department or for . warning and direction signs upon highways in cities, towns and villages of which portions or lanes of such highways are under the control and jurisdiction of the Department or for which the Department has maintenance responsibility. (d) Nothing in this Chapter shall divest the corporate authorities of park districts of power to prohibit or restrict the use of highways under their jurisdiction by certain types or weights of motor vehicles or the power of cities, villages, incorpor:.ted towns and park districts to designate highways fo-: one-way traffic or the power of such municipal corporations to erect and maintain appropriate signs respecting such uses. • • -7- (e) Nothing in this Section shall prohibit a municipality, township, or county from erecting signs as required under the Illinois Adopt-A-Sighway Act. ;Sources P.A. 80-1495 . ) (Ch. 95 1f2, par. 11-310) Sec. 11-310. Display of Unauthorized Signs, Signals or Markings. (a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic- control device or railroad sign or signal, ,or which attempts to direct the movement of traffic, or which hides from view or interferes with the movement of traffic or the effectiveness of an official traffic-control device or any railroad sign or signal. (b) . No person shall place or maintain nor shall any public authority permit upon any highway' any traffic sign or signal bearing thereon any commercial advertising. (c) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice. (d) No person shall sell or offer for sale any traffic control device to be used on any street or highway in this State which does not conform to the requirements of this Chapter. (e) This Section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs. (f) This -Section shall not be deemed to prohibit the erection of Illinois Adopt-A-Highway signs by municipalities, townships, or counties as provided in the Illinois Adopt-A-Highway Act. • .8- (g) .8-(g) a Any person failing to comply with this Section • shall be guilty of a Class A misdemeanor. (source: P.A. 81-1509 .) Section 95. The Illinois Highway Code is amended by (Ch. 121, par. 4-201.12) Sec . 4-201.12. Except as provided in the Illinois Adopt-A-Highway Act, to place, erect and maintain on highways all traffic control devices and signs authorized by this Code or by Chapter 11, Article III of<">the Illinois Vehicle Code<", To place, erect and maintain on highways signs or surface markings or both to indicate officially designated bicycle routes. Whenever the Department is going to permanently remove route markings from a State highway within a municipality, it shall notify that municipality at least 90 days before such removal. To acquire right-of-way, plan, , locate, relocate, construct, reconstruct, maintain, alter, improve, vacate and regulate the use of officially designated bikeways, as defined in Section 2 of the Bikeway Act("Au Act -in relation . . . • • (Source: P.A. 79-473. ) Section 100. This. Act takes effect upon becoming law.