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HomeMy WebLinkAboutResolution #3952 - IDOT , , ~sol~t t<o ~ 3 9~ z EXH I BIT A If~nois Department , af Transportafion ~ Agreement Funding Method Payment Route: FAP 685 (IL 9) / FAP 22 (IL 78} Agreement No.: JN-411-008 State Section: (41Z,135)R,N;(4CS)I Catalog No.: 034221-OOD City Section: 40-00101-88-TL County: Fulton Resolution No.: EXHIBIT "A° ~ FUNDING RESOLUTION WHEREAS, the City of Canton has entered into an AGREEMENT with the State of Illinois for the improvement of Illinois Route 78 (FAP Route 22) and Illinois Route 9(FAP 685), known as State Section (41Z,135)R,N;(1CS)I, City Section 10-00101-88-TL; and WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for the City of Canton to appropriate sufficient funds to pay its share of the cost of said improvement. WHEREAS, that upon award of the contract for this improvement, the City of Canton will pay to the DEPARTMENT c~F TRANSPORTATION of the STATE OF ILLINOIS from an~~ funds allotted to the CITY, an amount equal to 80% of its obligation incurred under this AGREEMENT, and will pay to the said DEPARTMENT the remainder ~ of the obligation (including any non-participation costs on FA Projects) in a lump sum, upon completion of the project. The CITY agrees to pass a supplemental resolution to provide necessary funds for its share of the cost of this improvement if the amount appropriated in "Exhibit A" proves to be insufficient to cove~ said cost. WHEREAS, that the Cjty of Canton agrees to pass a supplemental resolution to provide necessary funds for its share of the cost of this improvement if the amount appropriated ~herein proves to be insufficient to cover said cost. thirty-three ~housand, BE IT FURTHER RE~SOLVED, that there is hereby appropriated the sum offour hundred ninet~ three 3 3, 4 9 3 or so much thereof as may be necessary, from any money now or hereafter allotted to the City under the provisions of the ' TIF ACT to pay its share of the cost of this improvement as provided in the Agreement. . Passed and approved this day of ~~'t-h--~~o, , 2011. ~ ATT . - _ ~ ICevin R. Meade, Mayor Diana Tucker, City Clerk Joseph E. Crowe Date Deputy Directory of Nighways, ~ Region Three Engineer RH:ktlle~s:lmgH\wimNOrdlprogdev~agreementsbrdina~ceyn411008 IL 9-IL 78_funding.docac Pri~ed 2I16/2011 Illinois Department Maintenance Engineering to be ' of Transportation Performed by a Consulting Engineer (to be attached to BLR 14231 or BLR 14221) Local Agency City of Canton Section Number 10-00000-00-GM The services to be performed by the consulting engineer, pertaining to the various items of work included in the estimated cost of maintenance operations (BLR 14231 or BLR 14221), shall consist of the following: PRELIMINARY ENGINEERING shall include: Investigation of the condition of the streets or highways for determination (in consultation with the local highway authority) of the maintenance operations to be included in the maintenance program: preparation of the maintenance resolution, maintenance estimate of cost and, if applicable, proposal; attendance at meetings of the governing body as may reasonably be required; attendance at public letting; preparation of the contract and/or acceptance of BLR 12330 form. The maintenance expenditure statement must be submitted to IDOT within 3 months of the end of the maintenance period. ENGINEERING INSPECTION shall include: Furnishing the engineering field inspection, including preparation of payment estimate for contract, material proposal and/or deliver and install proposal and/or checking material invoices of those maintenance operations requiring engineering field inspection, as opposed to those routine maintenance operations as described in Chapter 14-2.04 of BLRS Manual, which may or may not require engineering inspection. For furnishing preliminary engineering, the engineer will be paid a base fee PLUS a negotiated fee percentage. For furnishing engineering inspection the engineer will be paid a negotiated fee percentage. The negotiated preliminary engineering fee percentage for each group shown in the "Schedule of Fees" shall be applied to the total estimated costs of that group. The negotiated fee for engineering inspection for each group shall be applied to the total final cost of that group for the items which required engineering inspection. In no case shall this be construed to include supervision of contractor operations. SCHEDULE OF FEES Total of the Maintenance O eration Base Fee > $15,000 $1,000.00 ? $15,000 Ne otiated: $1,000 Max. PLUS Prelimina En ineerin En ineerin Ins ection Operation to be Group Acce table Fee % Ne otiated Fee % Acce table Fee % Ne otiated Fee % Ins ected 0 o ° 0 0 0 0 0 0 _ By: BY: Local Agency Official Signature Consulting Engineer Signature Mayor Senior Project Engineer Title Title P.E. Seal 1 /31 /2011 7/1 /2010 11 /30/2011 Date Date P.E. License Expiration Date Printed 2/11/2011 BLR 05520 (Rev. 03l30/10) CERTIFIED MAIL tllinois Department of Transportaiion Division of Highways / Region 3/ District 4 401 Main Street / Peoria, Iilinois / 616~2-1111 Telephone 309/671-3333 March 8, 2011 PROJECT SUPPORT JOINT AGREEMENT FAP Route 685 {IL 9) FAP Route 22 (IL 78} Section: (41Z,135)R,N;(1CS)I Location: IL 9/IL 78 intersection reconstruction/realignment in Canton. Fulton County Agreement No. JN-411-008 Contract No. 68877 Catalog No. 034221-OOD The Honorable Kevin Meade Mayor, City of Canton 2 North Main Street Cantan, Illinois 61520 Dear Mayor Meade: Enclosed is one original counterpart of the fuily executed Joint Agreement, which describes the above-captioned project for the IL 9/IL 78 intersection reconstruction and realignment in Canton and the degree to which the state and city of Canton will be.participating. If you have any questions regarding this Agreement, please feel free to contact our Agreements Unit at (309) 671-3496. ry trufy yours, ~ Jos p E. Crowe, P. E. Dep t Director of Highways, Regi Three Engineer RH:tdp s:lmgr1lwinwordlprogdevlagreements~lettersllocal agency\jn411008.docx Enclosure(s) cc: Studies & Plans {S. Coyle/M. Boyer) Local Roads (T. Sassine) Programming (M. Addis} Agreements (R. Hopper) FAP Route 685/22 (IL 9/78) Section: (41Z,135)R,N;(1CS)I City Section: 10-00101-88-TL Fulton County IL 9/1L 78 intersection reconstruction/ realignment in Cantan Job No. C-94-064-09 ~ Contract No. 68877 Catalog No. 034221-OOD Agreement No. JN-411-008 AGREEMENT This Agreement, entered into this day of t''t M+«-+f , A.D., 2011, by and between the STATE OF ILLfNOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, and the CITY OF CANTON, of the State of Illinois, hereinafter called the CITY. WITNESSETH: WHEREAS, the STATE, in order to facilitate the free flow of traffic and ensure safety to the motoring public is desirous of improving approxima#eiy .77 miles of Illinois Route 9/78 (Locust Street) and 111inois Route 78 (Main Street}, (FAP Route 685/22, State Section {41Z,135)R,N;(1CS)I, City Sec#ion 10-00101-88-TL], by reconstructing the existing pavement with new portland cement concrete pavement, installing new drainage items, curb and gutter, and traffic signals, by replacing existing sidewalk with a multi-use pedestrian/bicycle path, and by pertorming all other work necessary to complete the work in accordance with the approved plans and specifications; and WHEREAS, fhe CITY is desirous of said improvement in fhat same will be of immediate benefit to the traveling public and permanent in natu~e; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: ~ OF S~ANSPORTqr~ ED O ~N,4~~~tcGE`V ~ .~~~~~~1ENRECEtV~~FS~U~T ~ ty ~ ~4~~ O° qT/~~ p „y g, ~ :f ~ v ~~r~ ~ ~/~ti ~ 4 Z~l~ S ~r-G~oN 3 ~ ~~o~ P:r;RtA~ A~'O~~ah Sl UI;:"i i;~C~ jt - ~~Eb'ElOP4~1w1 1. The STATE agrees to make the surveys, prepare pians and specifications, receive bids and award the contract, furnish engineering inspection during construction, and cause the improvement to be built in accordance with the plans, specifications and contract. 2. The STATE agrees to pay all canstructian and engineering costs, subject ta reimbursement by the CITY as hereinafter stipulated. 3. It is mutually agreed by and between the parties hereto that the estimated cost and cost proration for this improvement is as follows: FHWA STATE CITY COST TOTAL TYPE OF WORK COST COST „ COST Traffic Signals @ IL 78l9 195,300 (90) 96,275 {7.S} 5,425 (2.5) 217,000 (Main ~ Locust) Prelim Eng. (5%) 0 10,579 (97.5} 271 (2.5) 10,850 Const Eng. (10%) 19,530 (90) 1,628 (7.5} 542 (2.5) 21,700 Traffic Signals @ IL 9 8~ 212,400 (90) 11,800 (5) 11,800 {5) 236,000 Ave. A and !L 9R8 8~ 1st Ave. Prelim Eng. (5%) 0 11,240 (95) 590 (5) 11,800 Const Eng {10%) 21,240 (90) 1,180 (5) 1,180 (5} 23,600 . , Highway Lighting 0 0 11,900 (1Q0) 11,900 Prelim Eng. (5%) 0 0 595 (1Q0} 595 Const Eng. (10%) 0 0 1,190 (100) 1,190 Remaining Const. 906,4Q0 (80) 226, 600 (20) 0 1,133,000 (Roadway 80/20) Prelim Eng. (5%) 0 56,650 (100) 0 56,650 Const Eng. 0%) 90,640 {80) 22,660 {20) 0 113,300 Remaining Const. ~ 1,176,300 (90) 130,700 (10) 0 1,307,000 (Roadway 90110) Prelim Eng. {5%) 0 65,350 (100) 0 65,350 Const Eng. (10%) 117,630 (90) 13,0'74 (10) 0 130,700 SUBTOTALS 2,739,440 567,702 33,493 3,340,635 Right of Way 0 43,300 0 43,300 TOTAL$ $2,739,440 ° $611,002 ` ` $33;493 $3,383,835 Participation and reimbursement shalt be predicated by the percentages shown above for the specified work. Cost shall be determined by multiplying the final quantities times contract unit prices plus the appropriate percentages for preliminary and construction engineering. Participation toward the traffic signals shown above shail not exceed 'I25°/a of their estimated construction and engineering cost. -2- 4. The CITY has passed a resolution appropriating sufficient funds to pay its share of the cost of this improvement, a copy of which is attached hereto as "Exhibit A" and made a part hereof. The CITY further agrees that upon award of the contract for this improvement, the CITY will pay to the DEPARTMENT OF TRANSPORTATION of the STATE OF ILLlNOIS in a lump sum from any funds allotted to the CITY, an amount equal #0 80% of its obligation incurred under #his AGREEMENT, and will pay to the said DEPARTMENT the remainder of the obligation (including any non-participating costs on FA Prajects) in a lump sum, upon completion of the project based upon final costs. The CITY agrees to pass a supplemental resolution to provide necessary funds for its share of #he cost of this improvement if the amount appropriated in "Exhibit A" proves to be insufficient to cover said cost. 5. The CITY has adopted and will put into effect, prior to the STATE's advertising for the work to be performed hereunder, or will continue to enforce an ordinance requiring that parking be prohibited on Ilfinois Route 9/78 within the limits of this improvernent, a copy of which is attached hereto as "Exhibit B", and will in the future prohibit parking at such locations on or immediately adjacent to this improvement as may be determined necessary by the STATE from traffc capacity s#udies. 6. The CITY has adopted and will put into effect, prior to the STATE's advertising for the'work to be perfarmed hereunder, or will continue ta enforce an appropriate ordinance prohibiting the discharge of sanitary sewage and industrial waste water into any storm se~ver within the limits of this improvement, a copy of which is attached hereto as "Exhibit C". 7. Prior to the STATE advertising for the work proposed hereunder, the disposition of encroachments will be cooperatively resolved with representatives from the CITY and the STATE. The CITY has adopted and will put into effect an appropriate ordinance, prior to the STATE's advertising for the proposed work to be performed hereunder, or shall continue to enforce an existing ordinance, relative to the disposition of encroachments and prohibiting, in the future, any new encroachments within the limits of the improvements, a copy of which is attached hereto as "Exhibit D.° -3- 8. The CITY agrees to provide prior to the STATE's advertising for the work to be performed hereunder approval of the plans and specifications as prepared, by resolution or letter. 9. The CITY agrees not to permit driveway entrance openings to be made in the curb as constructed, without cansent of the STATE. 10. The CITY shall exercise its franchise right to cause private utifities to be relocated, if required, at no expense to the STATE. 11. The C1TY agrees ta cause its utilit'tes insta{led on right of way after said right of way was acquired by the STATE or installed within the limits of a roadway after the said raadway's jurisdiction was assumed by the STATE, to be relocated and/ar adjusted if required, at no expense to the STATE. 12. Upon finaf field inspection of the improvement and so iong as I{linois Route 9 and Iliinais Route 78 are used as a State Highway, the STATE agrees to maintain or cause to be maintained the bi-directional center turn lane, the through traffic lanes lying on either side of the bi-directional center turn lane, the right turn lanes, and #he curb and gutter or stabilized shoulders and ditches adjacent to those trafFic lanes to be maintained by the STATE. 13. Upon final inspec#ion of the improvement the CITY agrees to maintain or cause to be maintained those portions of the improvement which are not maintained by the STATE including the sidewalks, crosswaEk and stopline markings, CITY owned u#ilities including appu~tenances thereto, highway lighting including furnishing the electricai energy therefore, the storm sewers and appurtenances by pertorming those functions necessary to keep the sewer in a serviceable condi#ion including cleaning sewer lines, inlets, manholes, catch basins along with the repair or replacement of inlet, manhole and catch basins' frames, grates or lids plus structural failures to a maximum length of twelve feet (12') between adjacent manholes. The maintenance, repair and/or reconstruction of storm sewers constructed as part of this improvement beyond the aforedescribed responsibilities shall be that of the STATE. The CITY further agrees to continue its existing jurisdictional and maintenance responsibilities on the side streets up to the edge of pavement of the through traffic lane on fllinois Route 9 and II[ino'ss Route,78. -4- 14. The parties hereby mutually agree that the obligations of the parties wi11 cease immediately without penalty or further payment being required if, in any fiscai year, the Illinois General Assemb[y or Federal funding source fails to appropriate or otherwise rrtake available funds for this contract. 15. This Agreement and the covenants contained herein shall be null and vaid in the event the contract covering the construction wark contemplated herein is not awarded within three years subsequent to execution of the Agreement. 17. Under penalties of perjury, the CITY certifies that its correct Federal Taxpayer ldentification Number is 37-6000876 and the CITY is doing business as a municipality whose mailing address is 2 North Main Street, Canton, Illinois 61520. This Agresment shall be binding upon and to the benefit of the parties hereto, their successors and assigns. STATE OF ILLINOIS DEP TMENT OF TRANSPORTATION CITY OF CANTON -..r- ' ~ By: By; ' Jose E. Crowe, P.E. Kevi~ R. Meade Dep t Director of Highways, Mayor, City of Canton Regi Three Engineer Date: 0 ~ ~ ~ ~ ~ ~ ~ Date: ~ ~ Attest: ; ' G~~:_--r a Tucker, City Clerk (SEAL) s:~mgrt \winword\progdev~agreementsljoint1jn411008.docx -5- FAP Route 685122 (IL 9/78) Section: (41Z,135)R,N;{1CS}I City Section: 10-00101-88-TL Fulton County IL 9/1L 78 intersection reconstruction/ realignment in Canton Agreement No. JN-411-008 Contract No. 68877 Catalag No. ~34221-04D i approve the portions of the final plans for the above-captioned project that pertain to the city of Canton's maintenance obligations. ~ ~ , .~.y ~ Kevin R. Meade, Mayor ~ / 1 J 1 I Da#e RH:kmels:lmgrllwinword\progdevlagreementslplan approvalyn411008.docx ~ Q ~ Z 0 _ a V ~END 1MPROVEMEN'f END lMPROVEMENT K ~ STA.1i3 + 76.00 STA. 74+27.00 -J ~MAIN STREEiI N. {1ST AVENUE}. 4 ~ , _ - - ~ _ - * ^ LOCA710N MAP i+ NOT TO SCALE - : . - - ~ IMPROVEAAENT - END IM~IOVEMEM BEGIN } ~ : ; _ STA. 36 + 53.00 STA.5+90.00 ' . (LOCUST STREEET) {LOCUST STREET) t • ~ ~ ~ - ' . . _ - t• . ~ t, +i"I.i~=... C ~ . .S ~ ` i.~ t ` ..~:r rC rti . y .F C ' ~1 _ a!;~.. Y_ I~ ~T _ ' ~ . y i~j` - .e-r'z"-~. „y ~r '`.~~;c.y~j, ~:i . .r k ~ _ ~ • ~ ,.r:s,- - t .u.. R. ~ ' ' _ ~ i. « . ~ G i r . r ~ - . ~ t~.a._ . ' i ~ ~ i F END IMPROYEMENT END IMPROVF.MENT STA.103+ 82.54 STA. 68+70.47 S. (MAIN STREEII ` S. (1ST AVENUE} r ~ EXHIBIT A #qinoi~ Departm~t o~ Trans~ortation ~ Agreemenf Funding Method Payment Route: FAP 685 (!L 9) / FAP 22 IL~( 78} Agreement No.: JN-411-008 State Section: ~41Z 135)R,N;{1CS)I Catalog No.: Q34221-OOD City Section: 40-00101-88-TL ~ . - County: Fulton Resolution No.: EXHIBIT "A" ' FUNDING RESOtUTION WFiEREAS, the City of Canton has entered into an AGREEMENT with the State of Illinois for the improvement af Illinois Route 78 (FAP Route 22) and fliinois Route 9(FAP 685), known as State Section (41Z,135)R,N;(1CS)I, City 5ection 'f 0-00101-88-7L; and WMEREAS, +n compliance with the aforementioned AGREEMEfVT, it is necessary for the City of Canton to appropriate sufficient funds to pay i#s share of the cost of said improvement. WHEREAS, that upon award of the contract for this impravement, the City of Canton will pay to the DEPARTMEN7 OF TRANSPORTATION of the STATE OF ILLINOIS from arn~ funds allotted to the CITY, an amount equal to 80% of its obligation incurred under this AGREEMEN'T, a~d wi11 pay to the said DEPARTMENT the remainder of the obligation (including any non-participation costs on ~A F'rojects} in a lump sum, upon comptetion of the project. The CITY agrees ta pass a supplementa! resolution to provide necessary funds for its share of the cost of this improvement if the amount appropriated in "Exhibit A" proves to be insufficient to cover said cost. WHEREAS, that the City of Canton agrees to pass a supplemental resolufion to provide necessary funds for its share of the cost of this improvement if the amount appropriated~ herein proves ta be insufficient to cover said cost. thirty-three c;housand, BE 1T FURTHER RESOLVED, that there is hereby appropriated the sum offour hundred ninet~~hrae 3 3, 4 9 3 or so much thereof as may be necessary; from any maney now or hereafter allottad to the Cfty under the provisions of the ' TIF ACT to pay its share of the cost of this improvement as provided in the Agreement. - Passed and approved this day of ~6~-~~- , 2011. ATi' . , . ' Kevin R. Meade, Mayor l biana Tudcer, City Cierk ~la t~ Jos E. C~Qwe Date ~ De u Di~ectary of Highways, ~ Re ion Three Engineer RH:1cme15:Vngrllwiawotd~progdevlagreemenlsb~dinanoeyn4i1008_iL9-I178 funding.docx Printed 7J16/2011 ~ EXH I BIT B 9-10-1 9-10-2 Any person who violates this section shail, upon conviction or plea, be ( subject to a fine of not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00) for each such offense. (Ord. 118, 10-20-1964, eff. 10-30-1964; amd. Ord. 124, 2-2-1965, eff. 2-12-1965; Ord. 132, 3-16-1.965, eff. 3-26-1965; Ord. 158, 10-i 9-1965, eff. 10-29-1565; Ord. 164, 12-21-1965; Ord. 190, 11-#-1966, eff. 11-11-1966; Ord. 230, 10-3-i967, eff. 10-13-1967; ~rd. 270, 6-17-1969, eff. 6-27-1969; Ord. 277, 9-2-1969, eff. 9-12-1969; Ord. 285, 11-25-1969, eff. 72-5-1969; Ord. 293, 3-3-i 970, eff. 3-13-1970; Ord. 294, 3-3-1970, eff. 3-13-1970; Ord. 301, 4-21-1970, eff. 5-1-1970; Ord. 309, 6-2-1970, eff. 6-12-1970; Ord. 325, 11-17-1970, eff. 11-27-1970; Ord. 332, 3-2-1971, eff. 3-12-1971; Ord. 339, ~ 5-18-1971, eff. 5-28-1971; Ord. 358, 10-19-1971, aff. 10-29-1971; Ord. 364, 12-7-1971, eff, 12-17-1971; Ord. 383, 8-1-1972, eff. 8-11-1972; Ord. 403, 12-19-1972, eff. 12-29-1972; Ord. 413, 3-6-1973, eff. 3-16-1973; Ord. 428, 6-5-1973, eff. 6-'15-1973; Ord. 444, 10-16-1973, eff. 10-28-1973; Ord. 446, 10-16-1973, eff. 10-26-1973; Ord. 450, f2-15-1973, eff. 12-25-1973; Ord. 454, 3-26-1974, eff. 4-5-1974; Ord. 463, 6-18-1974, eff. 6-28-1974; Ord. 470, 9-17-1974, eff. 9-27-1974; Ord. 474~ 11-12-1974, eff. '11-22-1974; Ord. 479, 2-4-1975, eff. 2-14-1975; Ord. 481, 2-18-1975, eff. 2-28-1975; Ord. 504, 8-19-1975, eff. 8-29-1975; Ord. 535, 3-2-1976; Ord. 564, 9-21-1976; Ord. 583, 4-26-1977; Ord. 620, 12-20-1977, eff. 12-30-'t977; Ord. 638, 3-21-1978, eff. 3-31-1978; Ord. 652, 5-16-1978; ~rd. 754, 12-4-1979; Ord. 886, 5-19-1981; Ord. 932, 6-1-1982; ~rd. 933, 6-1-1982; ~rd. 965, 3-1-1983; Ord. 975, 5-3-1983; Ord. 978, 6-1-1983; Ord. 98~, 7-19-1983; ` Ord. 1020, 5-15-1984; Ord. i042, 11-7-1984; Ord. 1075, 8-20-1985; Ord. 1Q88, 11-19-1986; Orci. 1101, 2-18-1986; Ord. 1126, 12-16-1986; Ord. 1127, 1-6-1987; Ord. 1149, 6-16-1987; Ord. 1157, 8-5-i987; Qrd. 1158, 8-5-1987; Ord. 1162, 8-18-y987; Ord. 1203, 7-19-19$8; ~rd. 1221, 12-6-1988; Ord. 1256, 9-5-1989; ~rd. 1265, 11-8-1989; Ord. 1290, 9-18-1990; Ord. 1339, 4-7-1992; Ord. 1356, 7-21-1992; Ord. 1416, 2-1-1994; ~rd. 14i7, 2-1-i994; Ord. 1435, 9-6-1994; Ord. 1436, 9-6-1994; Ord. 1437, 9-6-1994; Ord. 1438, 9-8-1994; Ord. 1439~ 9-6-1994; Ord. 1475, 7-5-1995; Ord. 1629, 7-8-1999; Ord. 171 q, i 1-6-2001; Ord. 1809, 8-17-2004; Ord. 1856, 2-21-2006; Ord. 1878, 6-18-2006; Ord, 1874, 7-18-2006; Ord. '(879, 8-1-2006; Ord. 188i, 8-15-2006; Ord. 1882, 8-15-2006; Ord. 1913, i0-16-2007; Ord. 1939, 8-5-2008; Ord. 1940, ~ 8-5-2008) 9-10-2: PARKING: (A) No Parking: No person shall park a vehic(e on the following streets of the city: ( Apr;i 2aos City of C¢nton 1 9-10-2 9-10-2 East Locust Street Either side, from Main Street to North Fifth • Avenue or on either side of Fifth Avenue from East Locust Street to East Linn Street, except for an interval of no longer than ten (10) minutes for the purpose of loading or unioading passengers or goods; provided, however, that the foreg~ing exception shall not app[y to that portion of East Locust Street from North Th(rd Avenue #o North Fifth Avenue where, because of narrowness of that portion of said st~eet, there shall be no parking on either side except for the actual loading and unloading of passengers. South side, from the east curb line of North Fifth Avenue to the west curb line of North Eleventh Avenue. East Maple Street On the north side or the south side of East Mapie Street in the city between the east curb line of South Fourth Avenue and the west curb line of South Fifth Avenue. South side, between the west curb line of South Second Avenue to the east curb line of South First Avenue. South side, between the west curb line of South Seventh Avenue and the east curb line of South Fifth Avenue for more than two (2) consecutive hours in any one day. East Myrtle Street On the north side or the south side of East Myrtle Street in the city between the east curb line of North Eleventh Avenue and the west curb line of North Fifteenth Avenue. South side, from North Eighth Aventae to the east corporation limits, except for the unloading of goods or the discharging of passengers. South side, from the west curb line of North First Avenue to a polnt two hundred feet (200') west of said curb line. City of Canton ~ 9-10-2 9-10-2 Ash Street South side, frorn Narth Main Street east to • Fifteenth Avenue. Avenue A ~n the east side or the west side of Avenue A in the city of Canton, Illinois, between the north curb Ifne of West Pine 5treef and the south curb line of West Locust Street. Avenue D No parking of any motor vehicie shall be permitted on the west side of Avenue D between the north right of way line of West Chestnut Street, and the south right of way line of West Locust Street. Baxter Court East side, from the nor#h curb line of East Ash Street to the south curb line of East Myrtle Street. Birch Street No parking of any motor vehicls shali be permitted on the north side of Birch Street in the city between the east curb line of Fourth Avenue and a point one hundred thirty five feet (i35') east of #he east curb line of Fourth Avenue. No parking of any motor vehicle shall be permitted on the south side of Birch Street in the city between the east curb iine of Fourth Avenue and the west curb line of Fifth Avenue. North side, between the east curb line of North Main Street and the wes# curb line of First Avenue. Buckey Street No parking of any mator vehlcle shali be permitted on the north side or the south side of Buckey Street in the city. Any person who violates this provisfon shall, upon conviction, be subject to a fine of not less than five ~ dollars {$5.00}, nor more than two hundred dollars ($200.00) for each offense. Cherry Street South side, from the west curb fine of South Fifth Avenue to the westerly terminus of said Cherry Street for more than two (2) consecutive hours at any one time between the hours of six o'clack (6:00) A.M. and six o'clock (6:00) P.M. City of Canton ~ 9-10-2 9-10-2 The west side of Eleventh Avenue between ~ East Ash Street and East Myrtte Street. ~ifteenth Avenue Either side, between the north curb line of Ash Street and the south curb Iine of Myrtle Street. Fi#th Avenue No parking of any motor vehicle shall be permitted on either the east or the west side of Fifth Avenue in the city between the north curb line of Locust Street and the south curb line of Ash Street. Hickory Street Along the public right of way on Hickory Street from the intersection of Main Street westerly to tha structure over Big Creek, a distance of two thousand eight hundred fifty ~ feet (2,850'). Said street being deslgnated FAU Route 0013 and also being the extension of County Nighway 5 and FAS Route 456, known locally as the Canton to Cuba Road. Nothing herein shall apply to emergency vehicles, nor to the official performance of traffic control, nor te vehicles temporarily disabled whfch are to be removed within a proper t(me. Illinois Route 9/illinois Parking within the limits of the improvement Route 78 (Fifth Avenue) on Ilfinois Route 9/lllinois Route 78 (Fifth Avenue). Any persan, firm, or corporation violating this pravision shail be fined not less than five dollars {$5.00) for each offense, and a separate offense shall be deemed committed for each and every day which a violation continues or exists. tn addition to the fines set out in this section, any member of the city council is hereby authorized to have an offending vehicle removed from this area designa#ed as a no parking area and said expense for the removai shall be paid by the person found gullty of the oifense in addition to the fines set forth above. City of Canton ~ 9-10-2 9-10•2 Maple Street 1Vorth side, between the east curb lin~ of ' Fifth Avenue and the west side of the ailey {as extended) thereto easter(y next adjacent for more than two (2) hours between the hours of six o'clock (6:00} A.M. and six o'clock (6:00) P.M. on any day. Martin Avenue Either the east or west side between West Mapls and West Walnut Streets. West side, frvm the south curb fine of West Pine Street to the north curb line of West Wafnut Street for more than two (2) consecutive hours between the hours of eight o'ciock (8:00) A.M. and five o'clock (5:00} P.M. (Iocal time) on any day excepting of Sundays and legal holidays. Myrtle Street South sitfe, from North Main Street to the new Junior High 5chool. North Avenue A Nv parking of any motor vehicle sha11 be permitted on the west side of North Avenue A between the north curb {ine of West Locust and the south curb line of West Vine Street in the city. No parking of any motor vehicle shall be permitted on ths east side of EVorth Avenue A frorn north of the north line of West Olive Street to a point one hundred twenty two feet (122'} north of the north line of West Olive Street, except for loading/un[oading of passengers at said araa. Parking af a motor vehicle on ihe east side of North Avenue A between the north curb line of West Locust Street and the south curb line of Wes# Vine Street in the city is allowed in accordance with this code. Any person who violates this provision shall, upon conviction, be subJect to a fine of not less than tweniy five dollars ($25.00) nor more than tive hundred dollars {$500.00} for each such violation. City of Canton ~ 9-10-2 9-10-2 Parking on the west side of North Avenue C ~ from the south right of way line of West Birch Street to the north right of way line of Wes# Myrt[e Street is hereby prohibited. North Eighth Avenue East side, from East Ash Street to the north corporatlon limits, except for the unfoading of goods or discharging of passengers. North Fifth Avenue East side, from East Locust Sfreet to East Ash Street. North First Avenue On the west side of North First Avenue in the city of Canton, fli[nois, between the north curb tine of East Locust Street and the south curb 19ne of East Sycamore Street. West side, between the south curb line of East Spruce Street to the north curb line of East Locust Street. Norih Fourth Avenus No parking of any motor vehicie shall be permitted on the east and west side of North Fourth Avenue between the north right of way Iine of East Birch Street and the north rlght of way line of Linden Street. North Main Street Either side, from Birch Street south to Locust Street, on Locust Street from Mafn Street East to Fifth Avenue, and on Fifth Avenue from East Locust Street to Linn Street except for the unioading of goods or the discharging of passengers. Either side, from Lacust Street to Birch Street, except for an interval of no longer than ten (10) minutes for the purpose of unloading passengers or goods. On the east side or the west side of North Main Street in the city between the north curb line of Locust Street and the south curb line of Alder Street. West side, south of Locust Street for a distance of one hundred seventy feet (170') south #rom the center of the intersection af Main and Locust Street. City of Canton 9-10-2 9-10-2 Main Street On both sides of Main Street, between Locust and Chestnut Streets for parallel parking heading in a southerly direction on the east side of Main Street; and, for diagonal parking heading in a southwesterly direction on the west side of Main Street. On both sides of Main Street, between Pine Street anc! Walnut Street, for parallel parking heaciing, respectively, in a northerly and southerly direction. On both sides of Main Street, between Elm Street and Pine Street, for paraflel parking heading, respectively, in a northerly and southerly direction. Pine Street On both sides of Pine Street, between First Avenue and Main Street for parallel parking heading, respectively, in a westerly and easterly direction. On the north side of Pine Street, between Main Street and Avenue A, for parallel parking heading in a wes#erly direction. On the south side of Pine Street to a point one hundred fifty feet (1 BO') westerly of the west curb line of Main Street, for parallel parking heading in an easterly direction. On the south side of Pine Street, between Van Buren Court and First Avenue, for parallel parking heading in an easterly direction. Second Avenue On the west side of Second Avenue from the south curb line of Chestnu# Street to a point ane hundred fifteen feet (115') south thereof, for head-in perpendicular parking. West Chestnut Street On street parking shall be permitted on the north side of West Chestnut Strest between the west curb line of North Main Street and the east curb line of North Avenue A in the city. Such parking shall be parallel to the ~ north curb line of West Chestnut Street with motor vehicles to park facing in a westerly direction. November 2010 City of Cantan 7~,~ EXH I BIT C 8-19-27 8-19-30 Sewers eight inches (8") in diameter or langer.shall be of materials as specified in standard specifications or as approved by the city. The size and slape of the building sewer shall be subject to the approvaf of the building officia4, but in no event shall the size be less than four inches {4") in diameter. The slope of such pipe shall not be less than one-fourth inch ('/4°) per foot for four inch t4") diameter pipe, or one-eighth inch ('/8") per foot for six inch (6") diameter pipe. Any pipe [aid longitudinally in public streets, alleys or easements which could connact rnore than one building sewer or cou(d be extended to cannect more than one building sewer, s~all be not less than eight inches (8") in diameter, and shall be constructed to a minimum depth to permit further extension thereto. Sewers constructed longitudinally in a public street, afley or easement shall be constructed in accordance wi#h plans and specifications prepared by a registered professional engineer and approved by the Illinois environmental protection agency and the city. (Ord. 1268, 12-5-1989) ARTICLE IV. USE OF THE PUBLIC SEWERS 8-19-28: GROUND WATER DRAINAGE: No person shall discharge, or cause to be discharged, any storm water,~ surface water, ground water, raof runoff, subsurface drainage, uncontaminated cooling wa#er, or unpolluted industrial process waters except ground water remediation water to any sanitary sewer. (Ord. 1268, 12-5-1989; amd. Ord. 1454, 3-7-1995) 8-19-29: DI5CHARGES TO SEWERS, APPROVAL SY WASTE- WATER TREATMENT SUPERINTENDENT: Storm water and all other unpolluted drainage shall ba discharged to such sewers as are specifically designated as cambined sewers or storm sewers, or ta a natural outlet approved by the wastewater treatment superintendent. Industrial cooling water or unpoliuted process waters may be discharged on written approval of the wastewater treatment superintendent, to a starm sewer, combined sewer, or natural outlet. (Ord. 1268, 12-5-1589) 5-19-30: UNLAWFUL DISCHARGES TO PUBLIC SEWER: No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: City of Canton r~ 8-19-30 8-19-31 {A) Any gasaline, benzene, naphtha, fuel oil, or other flammabie or explosive liquid, solid, or gas. Remediation waters from leaking underground storage tanks or surface spilis may be allowed provided that the same do not exceed the limits of subsection 8-19-31(M} of this article. (B) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatrnent process, const9tute a hazard to humans or animals, create a public nuisance, ar create any hazard in the receiving waters of the sewage treatment plant. (C) Any waters or wastes having a pH lower than five and five-tenths (5.5) or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. (D) Solid or viscous substances in quantities or of such s'tze capabfe of causing obstruction ta the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Orcf. 1268, 12-5-1989; amd. Ord. 1454, 3-7-1995) 8-19-31: UNLAWFUL DISCHARGE OF HARMFUL WASTES: No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the wastewater treatment superintendent that such wastes can harm either the sewers, sewage treatment process or equip- ment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the wastewater treatment superintendent will give consideration to such factors as the quantities o# subject wastes in relation to flows and velocities in #he sewers, materiais of construction of the sewers, nature of the sewage treatment process, capacity of #he sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and maximum limits established by regulatory agencies. The substances prohibited are: (A) Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150°F) (60°C}. City of Canton ~~r~ 8-19-3i 8-19-31 (B} Any waters or wastes containing toxic or poisonous material; or oiis, whether ernulsified or not, in excess or one hundred milligrams per liter (100 mg/l} or containing substances which may solidify or become viscous at temperatu~es between thirty twa degrees (32°) ~ and one hundred fifty degrees Fahrenheit (15d°~) (0° and 65°C). (C) Any garbage that has not bean properly shredded. The installation and operation of any garbage grinder equipped with a motor af three-fourths (3/4) horsepower (0,76 hp metric) or greater shall be subject to the review and approval of the wastewater treaiment superintendent. (D) Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solution, whether neutralized or not. ~ (E) A~y waters or wastes containing iron, chromium, copper, zinc, or similar objectionable or toxic substances; ar wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the wastewater treatment superintendent for such materials. (F) Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding [imits which may be established by the wastewater treatment superintendent as necessary after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies af jurisdiction for such discharge to the receiving waters. (G) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the wastewater treatment superintendent in compliance with applicable state or federal regulations. (H) Any wastes or waters having a pH in excass of nine and five-tenths {9.5). (I) Any mercury or any of its compounds in excess of 0.0005 mg/t as Ng at any time except as permitted by the wastewater treatment superintendent in compliance with applicable state and federal regulations. (J) Any cyanide in excess of 0.025 mg/I at any #ime except as permitted by the wastewater treatment superintendent in compliance with applicable state and federal regulations. City of CanEon 3~Q,r~ 8-19-31 8-19-31 (K) Materials which exert or cause: ~ y. Unusual concentrations of inert suspended solids (such as, but not limited to, fulier's earth, lime slurries, and lime residues} or af dissolved solids (such as, but no# limited to, sodium chioride and sodium sulfate); 2. Excessive discoloratlon (such as, but not limited to, dye waste and vegetable tanning solutions); 3. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load an the sewage #reatment works; 4. Unusual volume of f{ow or concentrations of wastes constituting "slugs" as defined herein, (L) Waters or wastes containing substances which are not amenable to treatment or reduct'ron by the sewage treatment processes employed, or are amenable to treatment onfy to such degree that the sewage treatment plant effluen# cannot meet the requirements of agencies having jurisdfction over discharge to the receiving waters. (Ord. 1268, 12-5-1989) (M) Any ground water or surface water which fs collected in an effort to remediate ground water which has been contaminated with petroleum hydrocarbons which wil! exceed the following limitations: 1. Benzene 0.5 ppm 2_ Toluene 0.5 ppm 3. Ethyle Benzene 0.5 ppm 4. Xylene 0.5 ppm 5. n-Hexane 0.5 ppm 8. i,2 Dichlorobenzene 0.5 ppm 7. 1,3 Dichlorobenzene 0.5 ppm 8. 1,4 Dichlorobenzene 0.5 ppm 9. Lead 5.81 ppm 1 d. pH Between 5 and i 1 11. Total of items 1 through 8 4.0 ppm City of Cantan ~~fU 8-19-31 &19-32 In addition to the above limits, the discharge must not be hazardous as defined by the hazardous waste characterization analysis for consttt- uents as listed under 35 IAC part 72i, subpart C. The analysis results must be submitted. The waste must not contain or exceed the foliawing Iimits: 12. Flashpoint <i40° Fahrenheit 13, pH Limited above 14. No reactive chemicals capable of producing toxic gases. 15. Must pass the toxic characteristics leaching procedure (TCLP). Also, any discharge system shall include, at a minimum, an oil water separator. This requirement may be waived by the wastewater treatment superintendent if other devices such as skimmer pumps, settling basins, or surge tanks are in use. The applicant should note that an indemnification statement relieving the city of all liability for the operation and discharges of the ground water remediation system is required. The indemnification sta#ement shall be included with the permit application. (Ord. 1478, 8-1-1995) 8-19-32: SUPERINTENDENT'S ACTION REGARDING UNLAWFUL DISCHARGES: If any waters or wastes are discharged ar are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 8-19-31 of this articls, and/or which are In violation of the standards for pretrea#ment provided in 40 CFR 403, June 26, 1978, and any amendments thereto, and which in the judgment of the wastewater treatment superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the wastewater treatment superintendent may: {A) Reject the wastes; or (B) Require pretreatment to an acceptable condition for discharge to the public sewers; or (C} Require control over the quantities and rates of discharge; and/or (D) Require payment to cover the added costs of handling and treating the wastes not aovered by existing taxes or sewer charges, under the provisions of section 8-19-11 af this chapter. If the wastewater City of Canton 5~,10 8-19-32 8-19-36 treatment superintendent permits the pretreatment or equalization of waste flows, the design and installation of the piants and equipment shall be subject to the review and approvaE of the wastewater treatment superintendent, and subject to the requirements of all applicable codes, ordinances, and laws. (Ord. 1268, 12-5-1989) 8-19-33: GREASE, OII, AND SAND INTERCEPTORS: Grease, oil, and sand interceptors shall be provided when, in the opinion of the wastewater treatment superintendent, they are necessary for the praper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quar#ers or dwelling units. All interceptors shall be of a type and capacity approved by the wastewater treatment superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. (~rd. 1268, 12-5-1989} 8-19-34: PRELIMINARY TREATMENT OR FLOW EQUALIZING FACILITIES: Where preliminary treatment or flow equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. {Qrd. i268, 12-5-1989) 8-19-35: CONTROL MANHULE REQUIRED: Each industry sha(I be requfred to instalf a control rrianhole and, when required by the wastewater treatment superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall instail a suitable control manhole together with such necessary me#ers and other appurtenances irt the building sewer to facilitate observatfon, samplIng, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely loeated, and shall be constructed in accordance with plans approved by the wasEewater treatment superintendent. The manhole shal! be installed by the owner at his expense, and shalE be maintained by him so as to be safe and accessible at all times. (Ord. 1268, 12-5-1989) 8-15-36: INDUSTRIAL WASTE TESTS AND ANALYSES: (A) The awner of any property serviced by a building sewer carrying industrial wastes shall provide labaratory measurements, tests, and analyses of waters and wastes to illusirate compliance with this City of Cantpn ~ G~~b s-1 s-ss s-~ s-~$ chapter and any specia! conditiorts for discharge established by the c'tty or regulatory agencies having jurisdiction over the discharge. (B) The numbsr, type, anc3 frequency of laboratory analyses ta be performed by the owner shali be as required by the city, but no less than once per year the industry must supply a full and complete analysis of the constituents of the wastewater discharge to assure that compliance with the federal, state, and local standards are being met. The owner shall report the results of ineasurements and laboratory ana(yses to the city at such times and in such a manner as prescribed by the city. The owner shall bear the expense of all measurements, analyses, and repor#ing required by the city. At such times as deemed necessary the city reserves the right to take measurements and samples for ana{ysis by an outside laboratory service. {Ord. 1268, 12-5-1989} (C) The city is not required to accept any remediation waters if samples have not been tested or if the testing reflects {evels not acceptabfe under subsection 8-19-31(M) of this article. (~rd. 1454, 3-7-1995) 8-19-37: SAMPLING TCSTS; EFFECT OF CONSTITUENTS 4N SEWAGE WORKS: All measurements, tests and analyses of the characteristics of waters and wastes to whlch reference is made in this chapter shall be determined in accordance with the latest edition of IEPA division of laborataries manual of laboratory methods, and shall be determined at the controi manhofe provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhote in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the efifect of constituents upon the sewage works and to deterrnine the existence involved will determine whether a twenty faur (24) hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty four (24) hour composites of all outfalls, whereas pH's are determined frvm periodic grab samples. (Ord. 1268, 12-5-1989) 8-19-38: SPECIAL AGREEMENT BETWEEN CITY AND INDUS- TRIAL USER: No statement contained in this article IV shall be construed as preventing any special agresment or arrangement between the city and any industrial concern whereby an industrial waste of unusual City of Canton 8-19-38 8-19-41 strength or character may be accepted by the city for treatment, subject to payment therefor, in accordance with article l of this chapter, by the industrial concern, provided such payments are in accardance with federa! and state guidelines for user charge system. (Ord. 1268, 12-5-1989} ARTICLE V. PRUTECTION OF SEWAGE WORKS FROM DAMAGE 8-19-39: DISORDERLY CONDUCT; DESTRUCTION OF SEWAGE W4RKS PROPERTY: No unauthorized person shall maliciously, wilfully, or negligently break, damage, destroy, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. 1268, 12-5-1989) ARTICLE VI. POWERS AND AUTHORITY OF INSPECTORS 8-19-40: RIGHT OF ENTRY TO INSPECT PREMISES: The building officia! and other duly authorized employees of the city, the lllinois environmentai protection agency, and the U.S. environmentai protaction agency, bearing proper credentials and identitication, shalf be permitted to enter ail properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The buifding official or his representative shall have no authority to inquire into any processes, including metallurgical, chemical, Qi1 refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of d'sscharge to the sewers or waterway or facilities for waste freatment. (Ord. 1268, ~2-5-1989~ 8-19-41: CITY TO INDEMNIFY USER OF LIABILITY DURING INSPECTIONS: While performing the necessary work on private properties referred to in section 8-19-40 of this article, the building official or duly authorized employees of the city, the Illinois anvironmental protection agency, and the United States environmental protection agency sha11 observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against liability clair?~s and demands for p~rsonal injury or property damage asserted against the company and growing ou# of the gauging and sampling operation, except as such may be caused by negligence or failure of the City of C¢nton ~~Q, r~ 8-19-41 8-19-45 company to maintain conditians as required in article IV, section 8-19-36 of this chapter. (rJrd. y268, 12-5-1989) 8-19-42: ENTRY OF PRIVATE PROPERTY; CITY EASEMENTS: The building officiaE and other duly authorized empioyees af the city bearing proper credentials and identification shall be permitted to enter a!I private propertias through which the city has an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the easement pertaining to the private property involved. (Ord. 1288, 12-5-1989) ARTICLE VII. PENALTfES 8-19-43: NOTICE OF VIOLATION: Any person found to be violating any provision of this chapter except article V of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit far the satisfactory correction thereof. The offender shall, within the periocf of time stated in such notice, permanently cease al( violations. The city may revoke any permit for sewaga disposal as a result of any violation of any pravision of this chapter. (Ord. 1268, 12-5-1989) . 8-19-44: PENALTY: Any person who shall continue any violation beyond the time limit provided for in section 8-79-43 of this article, shall be guilty of a petty offense, and on conviction thereof shall be fined in the amount of nvt less than fi#ty dollars {$5Q.00) nor more than five hundred dollars ($500.00) for each violation. Each day in which any such violation shal! continue shall be deemed a separate offense. (Ord. 1268, 12-5- i 989) 8-19-45: LIABILITY TD CITY FOR DAMAGES: Any persan violating any of the provisions of this chapter shall become liable ta the clty for damages by reasons of such violation. (~rd. 1268, 12-5-1989) City of Canton ~~~U 8-19-46 8-19-47 ARTICLE VI!!. VALIDITY $-19-46: REPEALER: Al) ordinances or parts of ordinances in conflict herewith are hereby repealed. (Ord. 1268, 12-5-1989) 8-19-47: SEVERABILITY: The invalidity of any section, clause, sentence, or provision of this chapter shail not affect the validity of any other part of this chapter which can be given effect without such invalid part ar parts. (Ord. 1268, 12-5-1989) City of Canton ldo~1~ EXH I BIT D 8-4-31 8-4-33 8-4-31: PENALTY: Any person violating any of the provisions of this chapter, or refusing or neglecting to conform and comply therewith, shall, where no specific penalty is provided, be subject to a penalry of not less than twenty five dollars ($25.00) nor mare than five hundred dollars ($500.00) for each offense. (Ord. 873, 2-17-1981 } 8-4-32: PRIVATE DRIVEWAY CONSTRUCTION: It sha11 be unlawful for any persan to make or construct a private driveway for the use of vehicular traffic into any public street in the city of Canton, lllinois, without first having procured a permit therefor from the city engineer of said city. Any person desiring to make or construct such a private driveway shail pay a twenty five dollar ($25.00) application fee to the building official who shall forward the fee to the city cterk. Should the permit be denisd, the permit fee shall not be refunded to the applicant. The appficant shall praceed in such private driveway construction only when a permit therefor has been received in writing from said building official. (Ord. 1771, 9-16-2003} The city engineer af this city shall either issue or deny the permif, herein contemplated, within ten (10) days of the application therefor, herein contemplated. Any person who undertakes to make or construct such a private driveway, as herein contemplated, without first having procured the written permit therefor, herein contemp{ated, shall be punished by a fine of not less than fifty doliars ($50.00} nor more than five hundred dollars ($500.00) and that each day such a private driveway subsists without such a permit therefor shall be deemed a separate offense which shall be punisheci by fine of not less than fifty dollars ($50.00) nor more than five hundred doHars ($500.00}. (Ord. 553, 8-3-1976) 8-4-33: ENCROACHMENTS ON RIGHT OF WAY: (A) Definitions: CONSTRUC- The area lying between #he project right of way TION limits and the platted street limits within which EASEMENT #he city, by concurrence in the establishment of AREA: th~ project right of way lines, wifl permit the state to enter to perform all necessary construc- tion operations. City of Canton ~ V 8-4-33 8-4-33 ENCROACH- Any building, fence, sign or any other struciure MENT: or object of any kind (with the exception of uti[ities and pubiic road signs), which is placed, located or maintained in, on, under or over any portion of #he project right of way or the ~ roadway right of way where no project right of way Sine has been established. PERMISSIBLE Any existing awning, marquee or sign advertis- ENCROACH- ing activity on the property or similar over- MENT: hanging structure supporfed from a building immadiately adjacent to the {imits of the platted street where there is a siciewalk extending to the building line and which does nat impair the free and safe flow of traffic on the highway, the permissive retention of overhanging signs is not to be construed as being applicabfe to those signs supported from poles constructed outside the project right of way line and not confined by adjacent buildings. PROJECT Areas within the project right of way lines RIGHT OF WAY: established jointly by the city and state which will be free of encroachments except as herein defined. ROADWAY Areas existing or acquired by dedication or by RiGHT OF WAY: fee simple for highway purposes; alsa, the • areas acquired by temporary easement during the time the easement is in effect. (B} Unlawfuf To Erect And Retain: !t 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" as defined in this section, within the limits of the project right of way or roadway right of way where no project right of way~ines have been established. (C) Addition To Regulations: 7his section 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. (Ord. 899, 10-20-i981) City of Canton ~