HomeMy WebLinkAboutORDINANCES-1974-046-O-74A..
Introduced: 5-28-74
46-0-74
AN ORDINANCE
Regulating Encroachment on the
Public Right -of -Way in the City
of Evanston Relating to Project
128-B.C.S.
WHEREAS, the City of Evanston hereinafter known as "City"
and the State of Illinois, acting by and through its Department of
Transportation, have entered into an agreement relative to the
improvement of the Central Street Bridge and approaches thereto
at North Shore Sanitary District Canal, Project 128-B (C.S.); and,
WHEREAS, in order to facilitate said improvement, it is
necessary for the City to adopt an ordinance regulating encroach-
ments 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;
Project Right-of-Wav is defined as those areas within
the project right-of-way lines established jointly by
the City, County, State and Federal Highway Adminis-
tration 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 ex-
ception of utilities and public road signs), which, -is
placed, located or maintained, in, on, under for over
any portion of the project right-of-way or the roadway
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46-0-74
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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 con-
struction operations and;
WHEREAS, representatives of the City, County, 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 encroachments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF EVANSTON,
COOK 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 encroachment (herein above
defined), except as provided in Section Three, within the limits
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46-0-74 3 0
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of the project right -of -way -or roadway right-of-way where no pro-
ject right-of-way lines have been established.
SECTION 2: Project right-of-way lines have been estab-
lished at the following locations:
The dedicated right-of-way of Central Street
at.its crossing of the North Shore Sanitary
District's Canal.
SECTION 3: No revocable permits have been issued.
SECTION 4: 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 ordin-
ance unless in direct conflict therewith.
SECTION 5: Any person, firm or corporation violating this
ordinance shall be fined not less than Fifty
Dollars ($50.00) 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 6: This ordinance shall be in full force and
effect from and after its passage, approval
and publication in the manner provided by law.
Introduced M,a3, qR
Adopted June 3
Attest:
/s/ Maurice F. Brown
City Clerk
, 1974
, 1974
Approved Tema+ �
�a, � F.r'�oar ��a»naman Tr
Mayor
Approved as to form: —_6� anal ,
Corporation ouE
Ysel
1974
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