G16-78 Ordinance No. G16-78
r AN ORDINANCE
REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY
OF THE INTERSECTION OF DUNDEE AVENUE, SUMMIT STREET AND GIFFORD 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
intersection Dundee Avenue, Summit Street and Gifford Street (Illinois Route
58, FAP Route 557, State Section 1977-032-N, City Section 77-00107-00-SR) ; 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;
Pro'ect Ri ht-of-Wa is defined as those areas within the project
rig t-o -way ines established jointly by the City and 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
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 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 construction operations; and
WHEREAS, representatives of the City and the State have, by visual inspection,
cooperatively established project right-of-way lines and have mutually determined
the disposition of encroachments.
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. 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
RicTiard L. Verbis, Mayor
Presented: March 8 1978
Passed: March 8, 1978
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
°z: