HomeMy WebLinkAboutORDINANCES-1972-029-O-7211
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ORDINANCE #29=0=72 EXHIBIT "C"
140
An Ordinance Regulating Encroachment
on Public Right of Way in the City of Evanston,
Cook County, Illinois
WHEREAS, the City of Evanston, -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 modernizing the signals at the intersections of Asbury Avenue (FAP 23)
and Emerson Street, Sherman Avenue and Grove Street, Oak Avenue and Davis
Street, Oak Avenue and Church Street, as well as installing new signals at
the intersections of Benson Avenue and Elgin Road, Emerson Street and Elgin
Road and Maple Avenue and Emerson Street, 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;
Project Right of Way is defined as'those areas within the project
right -of -Way lines established Jointly by the City, STATE, and the
U. S. Dept. of Transportation which will be free of encroach-
ments 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 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 construction operations; and,
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WHEREAS, representatives of the City, the STATE, and the United States
Dept.of Transportation 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 3,
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: Project right-of-way lines have not been established for
these improvements.
Section 3: 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 4: Any person, firm or corporation violating this ordinance
shall be fined not less than one hundred dollars ($100.00) 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 5: This ordinance shall be effective from and after its passage,
as provided by law, and shall become incorporated into the City Code.
A
Passed and approved this day of
N4Y , 1972.
(Mayor) e' .
ATTEST:
• City Clerk