G60-74 Ordinance No. G60-74
eo. 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 State
of Illinois, acting by and through its Department of Transportation, have
entered into an agreement relative to the improvement of Larkin Avenue
(Business Route U.S. 20) at McLean Boulevard, Section 86-1-CS, State Section
8N FAU Project M-5172(1) ; and
WHEREAS, in order to facilitate said improvement, it is necessary for
the City of Elgin 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 ease-
ment 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
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 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 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 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 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;
r
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. Project right of way lines have been established at the
following location: Station 3 + 73 left.
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 ordi-
nance unless in direct conflict therewith.
Section 4. 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 5. That this ordinance shall be in full force and effect from
and after its passage, approval and publication in the manner provided by law.
F Raauscchenberger
W. E. Rauschenberger, Mayor
Presented: November 13, 1974
Passed: November 13, 1974
Vote: Yeas 7 Nays 0
Recorded: November 13, 1974
Published: November 13, 1974
Attest:
s/ Margaret A. Glink
Margaret A. Glink, City Clerk