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Home My WebLink AboutOrdinance #0899# ~ `I 9 ~. AN ORDINANCE REGULATING ENCROACHMENT :. r ON PUBLIC RIGHT OF WAY IN THE CITY OF CANTON FULTON COUNTY, ILLINOIS WHEREAS, the City of Canton hereinafter known as the City, and the State of Illinois acting by and through its Department of Transportation, have entered into a Letter of Understanding relative to the improvement of Fifth Street (Illinois Route 78, FA Route 22, State Section (1352, RS), (135X,W,RS), (135W-1, RS-2), (2214-1, RS-3) from Elm Street to the southern city limits; and b1HEREAS, in order to facilitate said improvement, it is necessary for the CITY to adopt an ordinance regulating encroach- ment on the right of way for said improvement in accordance with the following definitions: 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 lJay is defined as those areas within the project right-of-way lines 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, sign advertising activity on the property 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 vrhich 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 and, the STATE have, by visual inspection, cooperatively established project right-of-way lines and have mutually determined the disposition of encroachments. NOW, THEREFORE, BE IT ORDAINED, by the City of Canton, Fulton County, I1]inois: 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), within the limits of the project right of way or roadway right of vray where no project right~of-way ~ lines have been established. .~ Y_ r 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 dollars ($ ) nor more than dollars ($ 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: This ordinance shall be published time(s) within days after its passage in a netNSpaper having a general circulation in the City of Canton, Illinois, and shall be in full force and effect after its passage, publication and approval as provided by law. Passed and approved this ~~t H day 0f ~t ~ r , 19~. MAYOR ATTEST: .;~f CIT CLERK _ ~ ~ ~~i ,~ Illinois Department of Transportation Division of Highways/District 4 6035 North Knoxville Avenue/Peoria, Illinois/61614 September 15, 1981 Subject: LETTER OF UNDERSTANDING FA Route 22 Section (135Z,RS),(135X,W,RS) (135W-1,RS-2), (22W-1,RS-3) Fulton County The Honorable Donald E. Edwards Mayor of the City of Canton 210 East Chestnut Street Canton, IL 61520 Dear Mayor Edwards: The Division of Highways is proposing to improve Federal Aid Route 22, Illinois Route 78, from a point 125 feet south of Elm Street in Canton south to a point approximately 1,025 feet north of the railroad crossing north of the junction of Illinois Route 178. The total project will be approximately 3 1/2 miles long. Within the City of Canton the improvement will consist of resurfacing between the existing curbs with 2 inches of bi- tuminous material. South of the curb section, the existing pavement will be widened to provide for a 24-foot surface and resurfaced with 3 inches of bituminous material. As a part of this improvement we plan to renew the railroad crossing on Fifth Street. In a meeting on May 19, 1981 Mr. Larry Dozard of this office met with you regarding the use of a local road detour during the time this crossing is renewed. When the exact time for this railroad work is determined, we will again contact you to arrange for a specific route. Upon completion of the improvement, the Division of Highways will maintain the traffic lanes and the curb and gutter adja- cent to those traffic lanes. We expect the City to continue its maintenance of all portions which are not maintained by the Division of Highways, including manholes, catch basins, storm sewers, sidewalks, and appurtenances. . - ~ ~ The Honorable Donald E. Edwards September 15, 1981 Page 2 Your approval of this Letter of Understanding will be considered acceptance of these maintenance provisions. The Division of Highways will assume the entire cost of the im- provement. We will, however, expect the City to pass ordinances to prohibit parking along Illinois Route 78 within the limits of the improvement and to effect and control the disposition of en- croachments along Illinois Route 78 within the limits of the im- provement. We expect the City to provide us with a Resolution or letter approving the plans and specifications, and we also expect the City to exercise its franchise rights to cause private utilities to be relocated at no expense to the State. I have attached for your use a copy of a sample Encroachment Ordinance which you may wish to use as a guide. If you need any help in writing an appropriate Parking Ordinance, please let us know. Both the Encroachment and Parking Ordinance will need to be in our files prior to our recommending construction of this improvement. The plans and specifications will be forwarded to you as soon as they are available for your inspection and use, together with a request for your approval. You will note that I have included two copies of this letter, both with my original signature. Each copy contains a space for your signature. I ask that you sign both copies and return one copy. with your original signature to me. Upon receipt of this copy we will assume that you agree to all terms stated herein. Very truly yours, ~ ~ c3 J. E. Harland District Engineer AM/pr Attach. cc - Dist. Bureau of Local Roads APPROVED AND ACCEPTED IN BEHALF OF THE CITY OF CANTON r Date 9 - ~ y '~" ~'/ CITY OF CANTON ORDINANCE NO.~gc~_ ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON THIS 20th DAY OF October , 1981 Published in pamphlet form by authority of the City Council of the City of Canton, Fulton County, Illinois, this 21st day of October , ' 19 81 ~" STATE OF ILLINOIS, ) SS. COU~tTY OF FULTON. ) I, the undersigned, certify that I am the duly elected and acting City Clerk of the City of Canton, Fulton County, Illinois. I further certify that on 20th October 19 81 the Corporate Authorities of the aforesaid municipality passed and approved the afore- sai.d Ordinance No. 910 entitled AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY-IN-TRH-CITY OF CANT N U T N C NTY, ILLINO S ~~~ch provided by its terms th_it it s~.~ou1d be publis~l~a ;.i pamp;_~lc.-~ form. ~, The pamphlet form of the aforesaid Ordinance No. 899 including the Ordinance and a cover sheet thereof was prepared, anti a copy of such Ordinance was posted in the City Building, 210 E. Chestnut Street, Canton, Illinois, commencing on -st--0- 19 ~, and continuing for at least ten (10) days therea ter: --E-opies--~ such~rdinance were also mailable for public inspection upon request in the Office of the City Clerk. DATED at Canton, Illinois this ~1 ct day of ~.tnhor , 19~^• Cit Clerk. ( S E A L)