2010-14 REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY

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1 i 1 FAP Route 710 (US Bus 51) Section (50Z-VB) BR City Section 10-00903-00-LT Macon County Job No. C-97-002-07 Agreement No. 710 003 Contract No. 74215 Structure Number: 058 0014 ORDINANCE NO. 2010-14 AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE CITY OF DECATUR, MACON COUNTY, ILLINOIS WHEREAS, the CITY OF DECATUR has entered into an AGREEMENT with the STATE OF ILLINOIS, for the improvement of the structure on Franklin Street (FAP Route 710, US Bus 51 Section (50Z-VB) BR, City Section 10-00903-00-LT) in Decatur by removing and replacing the deck, replacing existing expansion bearings with elastomeric bearings, reconstructing piers 5, 6 & 8, and repairing the remaining substructure and other work necessary to complete the project including highway lighting. WHERAS, in order to facilitate said improvement it is necessary for the CITY OF DECATUR to adopt an ordinance regulating encroachment on the right of way for said improvement in accordance with the following definitions: 1. 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 permanent easement and temporary easement during the time the easement is in effect. 2. Project right of way is defined as those areas within the project right of way lines established jointly by the City of Decatur and the State which will be free of encroachments except as hereinafter defined; 3. Encroachment is defined as any building, fence, sign (excluding certain signs located over sidewalks) or any other structure or object of any kind (with the exception of utilities and public road signs), which placed, located or maintained, in, on, 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;