HomeMy WebLinkAboutOrdinance #1312ORDINANCE N0. 1312
AN ORDINANCE REGULATING ENCROACHMENT 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 an understanding relative to the
improvement of North main Street (Illinois Route 78, FAP Route 22,
State Section 1352) from 620 feet + north of, to 1145 feet ± south
of Station 191 ± 46.5 said points being between Cypress Street and
Alder Street inside the corporate limits of the City of Canton;
and,
WHEREAS, in order to facilitate said improvement, it is
necessary for the CITY to adopt an Ordinance regulating
encroachment 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 Way 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 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 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 Council of the
City of Canton, Fulton County, Illinois as follows:
Section 1: It shall be unlawful for any person, firm or
corporration to erect or cause to be erected, to retain or cause
to be retained, any ENCROACHMENT (hereinabove 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 Fifty dollars
$ 50.00 nor more than Five dollars
$ ~ for each offense, an a separa e o~`~`ense shall be
deemed, committed for each and every day during which a violation
continues or exists.
Section 1,.: This ordinance shall be published 1 time(s)
within 14 days after its passage in a newspaper 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 4th
day of June , 1991.
AYOR
ATTEST:
CITY CL K
Eacroachients
Listed: Two (2) billboards
Location: On Buckeye Street right-of-way
East side of I11. Rte 78
approximate Station 191+ lt.
Owner: Tony Bogner
Lindy Advertising Services
P, o. Box 46~.
Jacksonville, IL 62650
Disposition: Removal (see attached letters)
epartmento,
mmunity
evelopment
CITY of CANTON
. ~ 210 East Chestnut Str~~t
Canton, 111 Inds 61520
309 647- 128•
April 24, 1991
Tony 3ogner
Lindy Ndvertising Services
P.U. box 4~4
Jacksonville, Illinois 62650
Dear iv;r. Bogner:
Enclosed you will find a copy of the Sutton & h'loore
Subdivision Plat as well as a copy of amore detailed drawing from
Buescher Frankenberg Associates~Nhich pertains to the dedicated
property for a roadway. The dedicatee; prooerty has been outlined
in ;rein. Gn the Tore deta~IeC cra::~nn„ your ~,i~,ns are outlined
in rad. It his been estimated that your sinus are approximately 3
to ~ feet fror,~ the fence that you mentioned.
.~r~-, ,
C~r~~u.-~-s~,~~~~t ~C~~~.>'~C
i:hr ~ stopper ~o~:ars
Director
CITY OF CANTON
210 East Chestnut, Canton, Illinois 61520 • Telephone 309/647-0020
Donald E. Edwards, Mayo-
Nancy S. Whites, cirycierk
Patricia A. Wright, city treasurer
James H. Malmgren, ciryArrornsy
Clifford L. Sagaser, City Enyinser
Christopher M. Spears, OirecrorofAdmin~srration
May 14, 1991
Tony Bogner
Lindy Advertising Services
P. 0. Box 464
Jacksonville, IL 62650
Dear Mr. Bogner:
I am advised by the Community Development Department that you
or your corporation are the owners of two billboards placed to the
East of State Route 78 (North Main Street) at its juncture with
Buckeye Street in the City of Canton. This is in the area of the
new Wal-Mart store and is immediately South of Heartland Healthcare
Center. I enclose a copy of Director Spears's letter of April 24,
1991 to assist in identifying the signs in question.
The signs are placed on City right-of-way and, so far as I
^ave been able to determinQ, wi*,~out any lea~~ agreement or other
permission or authority from the City of Canton.
Please be advised that a major expansion project is under way
in this area and that the signs in question are upon right-of-way
owned by the City of Canton and will have to be removed
immediately. Please take such steps as are appropriate to cause
the immediate removal of the two billboards.
Construction of a new municipal street in the area is
anticipated in the very near future and the City of Canton will
assume no responsibility for damage or destruction to the
billboards if they are not removed by the start of construction. I
am unable to advise further as to an anticipated construction date;
however, advertisement for bids have not been made and no bid has
been let. Accordingly, I am confident when I tell you that you
should anticipate you would have 30 days in which to cause the
removal of the billboards.
Should you or your attorney have any questions please do not
May 14, 1991
Page 2 contd.
hesitate to contact me.
Si cerely, f
ames H. Malmgren J
•, JCity Attorney
JHM/jk
Encl.
cc: Mayor Donald Edwards;
All Aldermen; Robert Anderson;
Community Development
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