G-1475 Ordinance No . G-1475
AN ORDINANCE
REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY 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
Public Works and Buildings , Division of Highways , have entered into
an agreement relative to the improvement of Liberty Street
( llinois Route 25 , F .A . S . Route 106 , State Section 54 (W&RS-3) ,
City Section 79-5X-CS ) , from Ford Avenue to Page Avenue ; 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 definition :
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
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 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 constructed as being applicable to those
signs supported from poles constructed outside
the project right-of-way line and not confined by
adjacent buildings ;
NOW , THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF ELGIN , ILLINOIS :
475 September 22 , 1971 VOLUME XXXVI
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 ENCROACHMENT ( herein above defined ) ,
except as provided in Section 3 , 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 . Project right-of-way lines have not been
established for this improvement .
Section 3 . 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 4 . Any person , firm , or corporation violating
this ordinance shall be fined not less than One Hundred Dollars
($100 .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 b . That this ordinance shall be effective from
and after its passage , as provided by law , and shall be published
in pamphlet form by authority of the City Council .
All
W. E . Rauschenberger , Mayor
Presented : September 22, 1971
Passed : September 22, 1971
Vote : Yeas 7 Nays 0
Recorded : September 22, 1971
Published : September 22, 1971
Attest :
Margaret A . Glink , City Clerk
Ordinance as it Pertains to the Prescribed Pattern of Parking Along
FAS Route 106 Illinois Route 25" Passed
The City Manager had previously explained all the ordinances with regards to the
improvement of Dundee Avenue. Councilman Tillery made a motion, seconded by Council-
man Bruneman to pass the aforementioned ordinance , Yeas: Councilmen Bruneman,
Doxey, Landis, Pearsaul, Santanni, Tillery and Mayor Rauschenberger , Nays: None ,
All