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R-1077 - 06/08/2010 - AG-IDOT - Resolutions ExhibitsFAU Route 1453 22nd Street State Section: 55WRS DuPage County Job No.: C -91- 312 -07 Agreement No.: Contract No.: 60D12 i AGREEMENT This Agreement entered into this -bLdayof ,2Q-0 A.D, by and between the STATE OF ILLINOIS, acting by and through Its DEPARTMENT OF TRANSPORTATION hereinafter called the STATE, and the Village of Oakbrook of the State of Illinois, hereinafter called the VILLAGE. WITNESSETH: WHEREAS, the STATE in order to facilitate the free flow of traffic and insure safety to the motoring public, is desirous of improving approximately 7,594 lineal feet of 22nd Street, (FAU Route 1453, 22n0 Street, STATE Section 55WRS) by widening and reconstructing 22nd Street, from Illinois Route 56 to Illinois Route 83, providing three 12' and varlable width through traffic lanes In each direction separated by a variable width barrier /corrugated /pavement marking median. Eastbound 22nd Street will be provided with a fourth through traffic lane from Midwest Road to Illinois Route 83. Eastbound 22nd Street will also be provided with a single 12' and variable width left turn lane at Trans Am Plaza Drive, Tower Drive, Oak Brook Plaza, MacArthur Drive and Park View Drive, dual 12' left turn lanes at Midwest Road, a 12' right turn lane at Midwest Road and dual right turn lanes at Illinois Route 83. Westbound 22nd Street will also be provided with a single 12' and variable width left turn lane at Trans Am Pine Drive, Camden Court, Tower Drive, Oak Brook Plaza, the Costoo Entrance and Park View Drive, dual 12' left turn lanes at Midwest Road, and a 12' right turn lane at Midwest Road and Oak Brook Plaza. Traffic signals will be modernized at Trans Am Plaza Drive, Illinois Route 56, Midwest i FAU Route 1453 22nd Street State Section: 55WRS DuPage County Job No.: C -91- 312 -07 Agreement No.: Contract No.: 60D12 i AGREEMENT This Agreement entered into this -bLdayof ,2Q-0 A.D, by and between the STATE OF ILLINOIS, acting by and through Its DEPARTMENT OF TRANSPORTATION hereinafter called the STATE, and the Village of Oakbrook of the State of Illinois, hereinafter called the VILLAGE. WITNESSETH: WHEREAS, the STATE in order to facilitate the free flow of traffic and insure safety to the motoring public, is desirous of improving approximately 7,594 lineal feet of 22nd Street, (FAU Route 1453, 22n0 Street, STATE Section 55WRS) by widening and reconstructing 22nd Street, from Illinois Route 56 to Illinois Route 83, providing three 12' and varlable width through traffic lanes In each direction separated by a variable width barrier /corrugated /pavement marking median. Eastbound 22nd Street will be provided with a fourth through traffic lane from Midwest Road to Illinois Route 83. Eastbound 22nd Street will also be provided with a single 12' and variable width left turn lane at Trans Am Plaza Drive, Tower Drive, Oak Brook Plaza, MacArthur Drive and Park View Drive, dual 12' left turn lanes at Midwest Road, a 12' right turn lane at Midwest Road and dual right turn lanes at Illinois Route 83. Westbound 22nd Street will also be provided with a single 12' and variable width left turn lane at Trans Am Pine Drive, Camden Court, Tower Drive, Oak Brook Plaza, the Costoo Entrance and Park View Drive, dual 12' left turn lanes at Midwest Road, and a 12' right turn lane at Midwest Road and Oak Brook Plaza. Traffic signals will be modernized at Trans Am Plaza Drive, Illinois Route 56, Midwest Road, Oak Brook Plaza, Parkview Drive and Illinois Route 83. Traffic signals will be installed at MacArthur Drivel Costco Entrance. All traffic signals will be complete with emergency vehicle pre - emption equipment. Other work to be Included shah be the construction of new sidewalks, curb and gutter, storm sewer system for highway drainage, driveway widening at the Costco entrance, Village of Oak Brook watennain reconstruction and by performing all other work necessary to complete the improvement in accordance with the approved plans and specifications; and WHEREAS, the VILLAGE requests that the STATE include in its contract the relocation of Village owned watermaln and appurtenances, sidewalks, installation of traffic signals at MacArthur Drive/Costco Entrance and widening of the Costco entrance. WHEREAS, the STATE has agreed to the VILLAGE's request; and WHEREAS, the VILLAGE, is desirous of said improvement in that same wilt be of Immediate benefit to the VILLAGE residents and permanent in nature; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: t. The STATE agrees to make the surveys, obtain all necessary rights of way, prepare plans and specifications, receive bids and award the contract, furnish engineering Inspection during construction and cause the Improvement to -be built in accordance with the approved plans, specifications and contract. 2 2. The STATE agrees to pay for all right of way, construction and engineering costs, subject to reimbursement by the VILLAGE 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 shown on Exhibit A. A. The VILLAGE has passed a resolution appropriating funds to pay its share of the cost for this improvement, in accordance with "Exhibit B' of this AGREEMENT. 5. The VILLAGE further agrees that that the VILLAGE will reimburse the State to pay its share of the cost of said improvement in three annual installments. Upon award of the contract for this improvement, receipt of an invoice and on or before October 1, 2010, the VILLAGE will pay its first annual installment to the STATE in a lump sum from any funds allotted to the VILLAGE, an amount equal to $1,000,000 of its financial obligation incurred under this AGREEMENT. On or before October 1, 2011, the VILLAGE will pay its second annual installment to the STATE in a lump sum from any funds allotted to the VILLAGE, an amount equal to <r $1,000,000 of its financial obligation incurred under this AGREEMENT. Upon receipt of a final invoice and on or before October 1, 2012, the VILLAGE will pay to the STATE in a lump sum from any funds allotted to the VILLAGE, an amount equal to the VILLAGE'S remaining financial obligation balance of construction and engineering costs. The aforementioned final invoice will be based upon actual final quantities multiplied by the actual contract unit bid prices plus engineering costs for all construction items in which the VILLAGE has agreed to be financially responsible under the terms of this AGREEMENT. 3 The VILLAGE further 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 B" proves to be insufficient, to cover said cost. 6. The VILLAGE has adopted and will put into effect an appropriate ordinance, prior to the STATE's letting the proposed work to be performed hereunder, or shall continue to enforce an existing ordinance, requiring that parking be prohibited within the limits of this improvement, a copy of which Is attached hereto as 'Exhibit C ", 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 traffic capacity studies. 7. The VILLAGE has adopted and will put into effect an appropriate ordinance, prior to the STATE's letting the proposed work to be performed hereunder, or shall continue to enforce an existing ordinance, prohibiting the discharge of sanitary sewage and 'r industrial waste water into any storm sewers constructed as a part of this improvement, a copy of which is attached hereto as "Exhibit D ". 8. Prior to the STATE, letting the work proposed hereunder, the disposition of encroachments will be cooperatively resolved with representatives from the VILLAGE and the STATE. The VILLAGE has adopted and will put into effect an appropriate ordinance, prior to the STATE's letting the proposed work to be performed . hereunder, or shall continue to enforce an existing ordinance, relative to the disposftion of encroachments and 4 prohibiting In the future, any new encroachments within the limits of the Improvements, a copy of which is attached as "Exhibit E" 9. The VILLAGE has adopted a resolution, will send a letter, or sign the Plan Approval page which is part of this document, prior to the STATE advertising for the work to be performed hereunder, approving the plans and specifications as prepared. 10. The VILLAGE shall maintain, for a minimum of 3 years after the completion of the Project, adequate books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds passing in conjunction with this Agreement. Ail books, records, and supporting documents related to the Project shall be available for review and audit by the Auditor General and other STATE Auditors and the VILLAGE agrees to cooperate fully with an audit conducted by the Auditor General and other STATE Auditors and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents `f required by this paragraph shall establish a ptesumpbon in favor of the STATE for the recovery of any funds paid by the STATE under this Agreement for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 11. The VILLAGE, agrees to comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and non - discrimination regulations required by the Illinois Department of Transportation. 12. The VILLAGE subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The VILLAGE 5 shall carry out applicable requirements of 49 CFR, Part 26, in the award and administration of STATE assisted contracts. Failure by the VILLAGE to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the STATE deems appropriate. 13. The VILLAGE agrees not to permit driveway entrance openings to be made in the curb, as constructed, or the construction of additional entrances, private or commercial, along 22ntl Street, Illinois Route 66 or Illinois Route 83 without the consent of the STATE. 14. The VILLAGE shall exercise its franchise rights to cause private utilities to be relocated, if required, at no expense to the STATE. 15. The VILLAGE agrees to cause its utilities installed 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 roadway's jurisdiction was assumed by the STATE, to be relocated and /or adjusted, R required, at no expense to the STATE. 16. All VILLAGE owned utilities, on STATE right of way within the limits of this Improvement, which are to be relocated/adjusted under the terms of this Agreement, will be relocated /adjusted In accordance with the applicable portions of the "Accommodation of Utilities of Right of Way of the Illinois State Highway System." (92 III. Adm. Code 530). 17. The VILLAGE agrees to obtain from the STATE an approved permit for the facility, and to abide by all conditions set forth therein. 1 B. Upon final field inspection of the improvement and so long as those portions of 22 n Street, Illinois Route 56 and Illinois Route 83 That are constructed ted as part of this improvement are used as a STATE Highway, the STATE agrees to maintain or cause to be maintained the median, the through traffic lanes lying on either side of the median and the left -turn turn lanes and right turn lanes, and the curb and gutter ac9acent to those traffic lanes and turn lanes. R 1 i 19. Upon final field inspection of the improvement, the VILLAGE agrees to maintain or cause to be maintained those portions of this Improvement which are not maintained by the STATE and within the municipal limits of the VILLAGE, including sidewalks, parkways, guardrails, crosswalk and stopline markings, VILLAGE owned utilities including appurtenances thereof, and shall maintain the storm sewers; and 20. The VILLAGE further agrees to continue its ebsting maintenance responsibilities on all side road approaches under its jurisdiction, Including all left and right turn lanes on said side road approaches, up to the through edge of pavement of 22n0 Street, Illinois Route 56 and Illinois Route 63. Drainage facilities, N any, at the aforementioned side roads located within the STATE right- of-way shall be the joint maintenance responsibility of the STATE and the VILLAGE unless there is an agreement specifying different responsibilities. s 21. a.Upon acceptance by the STATE of the traffic signal work included herein, the financial responsibility for the maintenance and electrical energy charges for the operation of the traffic signal(s) shall be proportioned as follows: Intersection Maintenance Elect. Energy 22mSt c@ Trans AM Plaza STATE Share (0)% (0)% Oak Brook Share (0)% (0)% Oak Brook Terrace Share (100)% (100)% Inte ctiot n Maintenance Elect. Energy 22 Stree Illinois Route 56 @ State Street STATE Share (100)% (0)% Oak Brook,Share (0)% (100)% Oak Brook Terrace Share (0)% (0)% 7 r intersection Maintenance Elect. Energy 22m Street @Midwest Road STATE Share (100)% (0)% COUNTY,Share (0)% (100)% Oak Brook Share (0)% (0)% Oak Brook Terrace Share (0)% (0)% I Intersection Maintenance Elect. Energy 22�Street @ Oak Brook Plaza STATE Share (0)% (0)% Oak Brook Share (100)% (100)% Oak Brook Terrace (0)% (0)% Intersection Maintenance Elect. Energy 22nd Street @MacArthur /Costco STATE Share (0)% (0)% Oak Brook Share (100)% (100)% Oak Brook Terrace (0)% (0)% Intersection Maintenance Elect. Energy 22m St @ Parkview Drive STATE Share (0)% (0)% Oak Brook Share (100) 0k (100)% Oak Brook Terrace (0)% (0)% Intg ction Maintenance Elect, Energy 22 Street @ Illinois 83 STATE Share (100)% (100)% Oak Brook Share (0)% (0)% Oak Brook Terrace (0)% (0)% It is mutually agreed that the actual traffic signal maintenance will be performed by the STATE, either with its own forces or through an ongoing contractual agreement. 22. The STATE agrees to make arrangements with the local power company to furnish the electrical energy for the operation of the traffic signals. The STATE agrees to pay their proportionate share of this cost as billed by the local power company. P ,J <r The STATE retains the right to control the sequence and timing of the traffic signals. Payment by the STATE of any or all of its share of maintenance and energy costs is contingent upon the STATE receiving adequate funds in Its annual appropriation. The parties hereto agree that the traffic signal maintenance and energy provisions of this Agreement shall remain in effect for a period of twenty (20) years from the date of its execution or so long as the traffic signals covered by the terms of this Agreement or any amendment hereto remain in place either in their current or some modified configuration, whichever, is the shorter period of time. Such an effective term shall apply unless otherwise agreed in writing by the parties hereto. 23. The STATE's Electrical Maintenance Contractor shall maintain the 'Emergency Vehicle Pre - Emption System' equipment, located at the traffic signal modernization/ installation to be maintained by the STATE. The STATE's Electrical Maintenance Contractor shall Invoice the VILLAGEfor the maintenance costs related to the maintenance of the "Emergency Vehicle Pre - Emption System' equipment. The VILLAGE shall maintain the emitters and associated appurtenances at its own expense. The emitters shall be maintained and tested by the VILLAGE, in accordance with the recommendations of the manufacturer. 24. It is mutually agreed, if, in the future, the STATE adopts a roadway or traffic signal improvement passing through the traffic signals included herein which requires modernization or reconstruction to said traffic signals then the VILLAGE agrees to be financially responsible for its share of the traffic signals and all costs to relocate 9 'r or reconstruct the emergency vehicle pre - emption equipment in conjunction with the STATE's proposed improvement. i 1 25. The VILLAGE agrees that in the event any work is performed by other then VILLAGE forces, the provisions of 'an act regulating wages of laborers, mechanics and other workers employed in public works by the State, County, or any public body or any political subdivision or by any one under contract for public works" (Illinois Compiled Statutes, 8201LCS 13011) shall apply. 28. Under penalties of perjury, the VILLAGE certifies that its correct Federal Tax Identification number is and it is doing business as a GOVERNMENTAL ENTITY, whose mailing address Is 10 Obligations of the STATE and the VILLAGE will cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available funds for this contract. This AGREEMENT and the covenants contained herein shall be null and void in the event the contract covering the construction work contemplated herein Is not awarded within the three years subsequent to execution of the agreement. This Agreement shall be binding upon and to the benefit of the parties hereto, their successors and assigns. Att s Clerk STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION S:\WPtProlsuppWGMTS*w042310 22nd Street Revisedagr.doc 11 By;: Christine M. Reed, P.E. Director of Highways Chief Engineer PLAN APPROVAL WHEREAS, in order to facilitate the improvement of 22 "d Street, illinds Route 56 or Illinois Route 83 known as FAU Route 1453, State Section: 55WRS, the VILLAGE agrees to that portion of the plans and specifications relative to the VILLAGE's financial and maintenance obligations described herein, prior to the STATE's advertising for the aforedescribed proposed Improvement. Approved Title Date -� ,r | q ![ � •k EXHIBIT #MOM,I Ao wD I © | @ 2 § k k k # & § o or ( � ! 0 - &! E K \�0 § - �- § q ■ � . 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O c tCN m a g' m m w O1 C O N a c Em .- 3 � C m N r y C_ Om E - N C ua y C 6 m m C L O � 'O QN v O no y W a L p N C O - �n U � Q N N C uu N mE F y m c o m z� Q H N O O O O r N N O O O NO N N m N N p N N N IJ IF b � OH N H w H w M Q Q Q Q Q Q 2 Z Z Z Z Z 7 H O U c N Q a O U � 0 H w H H H H« Y Q Q Q Q Q Q Z Z Z Z Z Z � W Q� O W y O U U H H H H H w N de A° 3e 2° df o 3' 4Y WO O O Ow N N O_ O jYr Jaq N N N t7 t') O N N N W iQ SOS H N H H H N N 0 Z Z Z Z Z Z LLI Q W N n U N N H H w H H M Q Q Q Q Q Q Z Z Z Z Z Z J CQ O W r r W N U H H N « H w M C d yy N C C d U L J» N O_ m o C W C N d u m mp C W -2 W U'� GJ L J r c° wo Co .80 aL. V,ri °a�mEUW oc O f m G k m r C T O. E a d E d d a m a m pN U N m O L rm a 4! O c tCN m a g' m m w O1 C O N a c Em .- 3 � C m N r y C_ Om E - N C ua y C 6 m m C L O � 'O QN v O no y W a L p N C O - �n U � Q N N C uu N mE F y m c o m z� Q EXHIBIT B RESOLUTION 2010 - IDOT -R -1076 A RESOLUTION REGARDING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK, ILLINOIS AND THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION IN RELATION TO FUNDING OF 22ND STREET IMPROVEMENTS WHEREAS, the Village of Oak Brook (Village) has entered into and Intergovernmental Agreement (Agreement) with the State of Illinois (State) for the improvement of FAU Route 1453 22otl Street, known as State Section 55 WRS, and WHEREAS, in compliance with the aforementioned Agreement, it is necessary for the Village to appropriate sufficient funds on an annual basis, based upon the terms of reimbursement contained herein, to pay its share of the cost of said improvement. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That there is hereby appropriated the sum of Two Million, Four Hundred, Eighty-Four Thousand, Two Hundred, Fifty-Five Dollars ($2,484,255) from any money now or hereinafter allotted to the Village to pay its share of the cost of this improvement for its first annual installment payment in Fiscal Year2010. Section 2: That the Village will reimburse the State to pay its share of the cost of said improvement in three annual installments. Upon award of the contract for this improvement, receipt of an invoice and on or before October 1, 2010, the Village will pay its first annual installment to the State in a lump sum from any funds allotted to the Village, an amount equal to One Million Dollars ($1,000,000) of its financial obligation incurred under this Agreement. On or before October 1, 2011, the Village will pay its second annual installment to the State in a lump sum from any funds allotted to the Village, an amount equal to One Million Dollars ($1,000,000) of its financial obligation incurred under this Agreement. Upon receipt of a final invoice and on or before October 1, 2012, the Village will pay to the State in a lump sum from any funds allotted to the Village, an amount equal to the Village's remaining financial obligation balance of construction and engineering costs. The aforementioned final invoice will be based upon actual final quantities multiplied by the actual contract unit bid prices plus engineering costs for all construction items in which the Village has agreed to be financially responsible under the terms of this Agreement. Section 3: That the Village agrees to pass a supplemental resolution to provide any necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient to cover said cost. Section 3: This resolution shall be in full force and effect from and after its passage and approval as provided by law. APPROVED THIS 8'h day of June, 2010. i Ayes: - Nays: - Absent: Resolution 2010 -IDOT- FUND -R -1076 22nd St. Improvements Page 2 of 3 PASSED THIS 8" day of June, 2010. Trustees Carson, Moy, Saiyed, Wolin and Zannis None ATTEST: Charlotte K. Pruss Village Clerk Resolution 2010 -IDOT- FUND -R -1076 22nd St. Improvements Page 3 of 3 STATE OF ILLINOIS COUNTY OF DUPAGE I, Charlott K. Pruss, Village Clerk in and for the Village of Oak Brook hereby certify the foregoing to be a true perfect and complete copy of the Resolution adopted by the Village of Oak Brook at a meeting on June 8, 2010. IN TESTIMONY WHEREOF, I have hereunto set my hand seal this _ day of June, 2010. Charlotte K. Pruss Village Clerk EXHIBIT C of 618110 IGA wIIDOT ORDINANCE 1999- TC- RR- EX1 -G642 AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT TO APPENDIX C ENTITLED "TRAFFIC REGULATIONS" OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK WHEREAS, it is in the best interest of the Village of Oak Brook that the attached Comprehensive Amendment to the Village's Traffic Regulations be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That Appendix C entitled, "Traffic Regulations" of the Code of Ordinances of the Village of Oak Brook is amended to read as set forth in the attached exhibit labeled Exhibit A and incorporated herein by reference. Section 3: That the Village Clerk is hereby authorized and directed to publish this ordinance in pamphlet form in the manner provided by law. Section 4: That this ordinance shall be in full force and effect from and after its passage and approval pursuant to law. Section 5: That all ordinances, or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict. PASSED THIS 24th day of August, 1999. Ayes: Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino Nays: None Absent: None Abstain: None APPROVED THIS 24th day of August, 1999. Village d Approved as to Form: Vi lage Attorney Ordinance 1999- TC- RR- EX1 -Gb42 Amendment to Appendix C, Traffic Regulations, Page 2 Published 8/25/99 Pamphlet Form Date Paper Not Published APPENDIX C TRAFFIC REGULATIONS Article I Special Definitions & General Regulations Div. I Definitions D -101 — D -105 Div. II Obedience to and Effect of Traffic Laws, 1 -201 — 1 -202 Div. III Traffic Signs, Signals and Markings, 1 -303.1 —1 -319 Div. IV Right of Way, 1 -913 Div. V Pedestrians' Rights and Duties, 1 -1004 Div. VI Stopping, Standing and Parking, 1 -1301 —1 -1320 Div. VI I Miscellaneous Laws, 1 -1429 —1 -1431 Article II Equipment of Vehicles Div. I General Provisions, 2 -206 Article III Regulation of Certain Classes or Types of Vehicles Article IV Regulation of Traffic in Shopping Center Article V Penalty; Arrests; etc. Article VI Repealer; Validity; Schedules Schedule I Altered Maximum Speed Limits Schedule II Through Streets Schedule III Stop Intersections Schedule IV Stop Streets Schedule V Yield Streets Schedule VI One -Way Streets Schedule VII Parking Prohibited At All Times On Certain Streets Schedule VIII Limited Load Limits (Reserved) Schedule IX Prohibited Turns Schedule X "U" Turns Schedule XI Cab Stands and Bus Stands (Reserved) Schedule XII Regulation of Traffic in Shopping Center (Reserved) Schedule XI II Prohibited Truck Traffic Schedule XIV Municipal Parking Lots (Reserved) Schedule XV Designated Fire Lines Schedule XVI Intersections Controlled By Traffic Control Signals APPENDIX C `""M lid fmcl W-11%I W , 1 -100. Adoption of the Illinois Vehicle Code. In lieu of using any section, or in addition to any section of this Chapter, the officer issuing a citation may issue it by using any of the sections of the Illinois Vehicle Code, 625 ILCS 5/1 -100 through 5/20 -401, as amended, which are incorporated and adopted by reference as a part of this Chapter, three (3) copies of said Code having been on file in the office of the Clerk of the Village and available for public use, inspection and examination for at least thirty (30) days prior to the adoption of this Chapter as provided in Section 1 -3 -2 of the Illinois Municipal Code. All citations issued for these violations shall be in the name of the Village and may refer to the numbered sections of either the Illinois Vehicle Code, or this Chapter, but shall also be referred to as an ordinance violation in the traffic ticket or complaint. ARTICLE I. SPECIAL DEFINITIONS AND GENERAL REGULATIONS DIVISION I. DEFINITIONS D -101. Definition of words and phrases. The following words and phrases when used in this Ordinance shall, for the purpose of this Ordinance, have the meanings respectively ascribed to them in this division, except when the context otherwise requires and except where another definition set forth in another article of this Ordinance and applicable to that article or a designated part thereof is applicable. D -102. Bicycle path or bikeway. That portion of a trail or path improved and so designated as a bicycle trail exclusively used by bicycles and pedestrian traffic. D -103. Public building. A building used by any municipality, any county, any park district, school district, the State of Illinois, or the United States Government. D -104. Resident. Every natural person who resides in the Village of Oak Brook shall be deemed a resident of the Village. D -105. Village. 2 Village of Oak Brook. DIVISION II. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS 1 -201. Provisions of Ordinance refer to vehicle upon the highways; exceptions. The provisions of this Ordinance relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except: Where a different place is specifically referred to in a given section. 2. The provisions of Divisions IV and V of this Article shall apply upon highways and elsewhere throughout the Village. 1 -202. Required obedience to traffic laws. It is unlawful and, unless otherwise declared in this Ordinance with respect to particular offenses, it is an offense against the Village for any person to do any act forbidden or fail to perform any act required in this Ordinance. DIVISION III. TRAFFIC SIGNS, SIGNALS AND MARKINGS 1- 303.1. Signs on private roads and driveways. The owners of private property within a non - residential district containing one or more private roads or driveways from which vehicles may enter onto a public highway or street shall post a stop sign pursuant to the Village manual and specifications at such place as is designated on such private road or driveway by the Chief of Police or his agent. 1 -319. Location of intersections controlled by traffic control signals. The intersections hereinafter described in Schedule XVI shall be designated as intersections controlled by traffic control signal lights and said Schedule XVI by this reference is made a part hereof. DIVISION IV. RIGHT OF WAY 1 -913. Prohibited turns. It shall be unlawful for the operator of any vehicle to turn left or right at any place where such turns are prohibited by ordinance as listed in Schedule IX. Such prohibition shall be indicated by appropriate signs. DIVISION V. PEDESTRIANS' RIGHTS AND DUTIES 1 -1004. Pedestrians with disabilities; right of way. Any blind person who is carrying in a raised or extended position a cane or walking stick, which is white in color or white tipped with red, or who is being guided by a dog, shall have the right - of -way in crossing any street or highway, whether or not traffic on such street or highway is controlled by traffic signals, anything in this Ordinance to the contrary notwithstanding. The driver of every vehicle approaching the place where a blind person, so carrying such a cane or walking stick or being so guided, is crossing a street or highway shall bring his vehicle to a full stop and before proceeding shall take such precautions as may be necessary to avoid injury to the blind person. The provisions of this Section shall not apply to a blind person who is not so carrying such a cane or walking stick or who is not guided by a dog, but the other provisions of this Ordinance relating to pedestrians shall then be applicable to such person. However, the failure of a blind person to so use or carry such a cane or walking stick or to be guided by a guide dog when walking on streets, highways or sidewalks shall not be considered evidence of contributory negligence. DIVISION VI. STOPPING, STANDING AND PARKING 1.1301. Stopping, standing or parking. (a) Upon any highway or street, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or so leave such vehicle off such part of the roadway, but in every event an unobstructed width of roadway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway. (b) The Village, with respect to highways under its jurisdiction or for the maintenance of which it is responsible, may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where, in its opinion, such stopping, standing or parking is dangerous to those using the highway or while the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Any such regulations adopted by the Village regarding the stopping, standing or parking of vehicles upon any specified street, streets or highways become effective at the time of the erection of appropriate signs indicating such regulations. (c) This Section does not apply to the driver of any vehicle which is disabled while on the roadway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. 1- 1301.1. Unauthorized use of parking places reserved for persons with disabilities: No person shall use any area for the parking of any motor vehicle on public or private property where an official sign controlling such area specifically prohibits parking at any time or during certain hours and reserves such areas as parking for persons with disabilities. It shall be prohibited to park any motor vehicle in such areas, except those vehicles: (a) Bearing registration plates or decals issued to a person with disabilities pursuant to the provisions of the Illinois Vehicle Code, 625 ILCS 5/1 -100 and following sections, as amended; or 0 (b) Bearing registration plates or decals issued to a disabled veteran pursuant to the provisions of the Illinois Vehicle Code, 625 ILCS 5/1 -100 and following sections, as amended; or (c) Otherwise bearing such parking card or other device as approved by the Village of the type as referred to in Section 5/11- 1301.2 of said Illinois Vehicle Code that the vehicle is operated by or for a person with disabilities or disabled veteran, provided such approved parking card or other approved device must be prominently displayed on the dashboard or visor and be visible through the front windshield. Any person found guilty of violating the provisions of this Section shall be fined one hundred dollars ($100) in addition to any costs or charges connected with the removal or storage of any motor vehicle, where said removal or storage is authorized pursuant to section 5/11- 1301.3 of the Illinois Vehicle Code. 1 -1312. Time limit parking. It shall be unlawful to park any vehicle for a period of time in excess of the amount of time designated and so posted. 1 -1313. Loading zones. It shall be unlawful for the driver of a vehicle to stand a passenger vehicle for a period of time longer than is necessary for the loading or unloading of passengers in any place as a loading zone and marked as such, or in any of the following designated places: At any place not to exceed seventy -five (75) feet along the curb before the entrance to any motel or hotel at any time. 2. At any place not to exceed seventy -five (75) feet along the curb line before the entrance to a public building between 8:00 a.m. and 6:00 p.m., except on a Sunday. Directly in front of the entrance to any theater at any time that the theater is open. 1 -1314. All night parking. In order to facilitate police protection, street cleaning, leaf and snow removal, it shall be unlawful for the driver of any vehicle to park said vehicle, or for the owner of said vehicle to permit said vehicle to be parked, on any street in the Village, between the hours of two o'clock (2:00) a.m. and six o'clock (6:00) a.m. of any day, except for emergency vehicles. 1 -1315. Cab stands and bus stands. No vehicle other than a licensed taxicab shall be parked in any area designated by ordinance as a cab stand; and no vehicle other than a bus shall be parked in a place so designated as a bus loading zone. 1 -1316. Parking motor vehicles on private property. 5 It shall be unlawful to park any motor vehicle on any private property without the consent of the owner of the property. 1 -1317. Vehicles for sale. It shall be unlawful to park any vehicle upon any street for the purpose of displaying it for sale, or to park any vehicle upon any street from which merchandise is peddled or sold. 1.1318. Parking on municipally owned or leased property. Parking is prohibited upon municipally owned or leased property designated by posted signs as "Visitors Parking" except while actually having or carrying on bona fide business with the Village during the time the vehicle is parked within said designated area. 1.1320. Parking Fines. The Police Department is authorized to place violation notices on every vehicle parked in violation of this division and to cause summonses or warrants to be issued to commence prosecution against violators, except that the police department need not cause such proceedings to commence against any person for any violation of the provisions of this division if such person renders payment to the Village according to the following schedule within the prescribed time limits as follows: Within 10 After 10 Days of Days of Violation Violation Provision Violation Notice Notice Sections 1 -1301 $ 20 $ 40 (IVC 5/11 -1301 through 5/11 -1303) Section 1- 1301.1 1 $100 $100 All other violations under this Division XIII $ 10 $ 20 If said payments are not made within the time periods and in the amounts as prescribed above, the Police Department is authorized to issue appropriate summonses, warrants or notices to appear so as to commence proceedings in the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, IL, and proceed with the matter in the same manner as other violations of this Ordinance pursuant to the penalty provisions set forth in the applicable section, or where no penalty is specifically set forth, pursuant to the general penalty provisions of Section 1 -8 of the Code of Ordinances of the Village of Oak Brook, provided that the minimum fine upon a finding of guilty for violation of Section 1 -5002 shall be $100. DIVISION VII. MISCELLANEOUS LAWS 1 -1429. "U" turn. It shall be unlawful for the operator of any vehicle to turn such vehicle so as to proceed in the opposite direction or to make a "U" turn. Such prohibition shall be indicated by appropriate signs. The named streets and /or intersection hereafter described shall be designated and sign posted as "No U Turn' and are listed on Schedule X and by reference made a part hereof. 1 -1430. Frightening horses. No person in a motor vehicle or operating a motor vehicle shall frighten or cause to frighten any horse, and at a signal from a person in charge of the frightened horse, the driver of the motor vehicle shall bring his motor vehicle to a stop in a safe position and maintain said position until said horse has passed. 1 -1431. Riding on roadways and bicycle paths All motorized vehicles are prohibited on any posted bicycle path. ARTICLE 11. EQUIPMENT OF VEHICLES DIVISION I. GENERAL PROVISIONS 2 -206. Lamps and other equipment on bicycles. (a) Every bicycle, when in use during the period when lighted lamps are required under Section 12 -201 of the Illinois Vehicle Code (625 ILCS 5/12 -201) shall be equipped with the following: on the front with a lamp which shall be emitting a white light visible from a distance of at least 500 feet to the front and with a clear reflex reflector on the front visible to the front conforming to specifications prescribed by the State Department of Transportation, and on the rear and visible to the rear with a red reflex reflector conforming to specifications prescribed by such Department. A lamp emitting a red light visible to the rear may also be used. No person shall sell a new bicycle that is not equipped with a red reflex reflector on the rear conforming to specifications prescribed by the Department and that is not equipped with a clear reflex reflector conforming to specifications prescribed by the Department on the front of the bicycle. (b) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement. (c) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any provisions of this ordinance. (d) No person shall sell a new bicycle or pedal for use on a bicycle that is not equipped with a reflex reflector conforming to specifications prescribed by the State Department of Transportation, on each pedal, visible from the front and rear of the bicycle during darkness from a distance of 200 feet. (e) No person shall sell or offer for sale a new bicycle that is not equipped with side reflectors. Such reflectors shall be visible from each side of the bicycle from a distance of 500 feet and shall be red to the rear of the center of the bicycle and amber to the front 7 of the center of the bicycle. Such reflectors shall also conform to specifications prescribed by the Department. No persons shall sell or offer for sale bicycle side reflectors that do not conform to specifications prescribed by the Department. ARTICLE III. REGULATION OF CERTAIN CLASSES OR TYPES OF VEHICLES 3 -101. Trucks prohibited on certain streets. It shall be unlawful to operate a truck upon any street where truck operation is prohibited by ordinance and where such signs of prohibition are posted, except that a truck may be driven on such street for not more than the minimum distance necessary for the purpose of making deliveries or picking up loads. Schedule XIII hereof, by this reference made a part hereof, lists all streets on which truck traffic is prohibited. 3 -103. Motor - driven cycles. (a) These regulations applicable to motor - driven cycles shall apply whenever a motor - driven cycle is upon any street or highway. (b) No person shall exercise any degree of physical control of a motor - driven cycle on any street or highway within the corporate limits of this Village, unless such person has a valid driver's license issued under the provisions of the State of Illinois Driver's License Act. (c) It is unlawful for any person to drive a motor - driven cycle upon private property, without the written consent of the owner or lessee thereof. (d) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this Section. ARTICLE IV. REGULATION OF TRAFFIC IN SHOPPING CENTER 6 -101. Regulations Imposed. The provisions of this ordinance shall be applicable to that property generally known as the Oakbrook Shopping Center as more specifically described in the agreement authorizing enforcement of such regulations dated September 13, 1994, as approved by the President and Board of Trustees of the Village, and as recorded in the Office of the Recorder of Deeds of DuPage County, Illinois on October 12,1994, as Document No. R94- 203627. ARTICLE V. PENALTY; ARRESTS; ETC. 6 -102. Penalty. Any person, firm or corporation violating any provisions of this Ordinance shall be fined in accordance with Section 1 -8 of the Oak Brook Code of Ordinances, unless otherwise so stated in this Ordinance. 6 -103. Arrests. 0 Any person arrested for a violation of any provision of this Ordinance shall be released upon proper bail being furnished as required by law. 5 -1003. Prima facie proof. The fact that an automobile which is illegally operated or parked is registered in the name of a person shall be considered prima facie proof that such person was in control of the automobile at the time of such violation. ARTICLE VI. REPEALER; VALIDITY; SCHEDULES 7 -101. Conflicting ordinances. All ordinances and parts of ordinances in conflict herewith, to the extent of such conflict, are hereby repealed. 7 -102. Validity. If any part or parts of this Ordinance shall be held invalid for any reason whatsoever, such decision shall not affect the validity of the remaining part or parts of this Ordinance. 7 -103. Schedules incorporated herein, attached hereto and made a part hereof. Schedules I through XVI are incorporated as part of this Ordinance as if fully set forth in the pertinent sections of this Ordinance. Said schedules may be amended by the President and Board of Trustees as from time to time they may deem appropriate. SCHEDULE I. ALTERED MAXIMUM SPEED LIMITS In accordance with 625 ILCS 5/11- 601(f), and when signs are posted giving notice thereof, the maximum speed limit is 25 MPH on all municipal streets except as follows: Name of Street From To Maximum Speed Limit 16" Street Spring Road Illinois Route 83 30 MPH 22n° Street Eastern Village Limits Western Village Limits 40 MPH 35" Street Adams Street Fairview 30 MPH Adams Street Southern Village Limits Spring Road 30 MPH B &T Drive Oak Brook Road Northern Terminus 15 MPH Butterfield Road Western Village Limits Camden Court 45 MPH Butterfield Road Camden Court Route 83 40 MPH Harger Road Spring Road York Road 30 MPH Jorie Boulevard 22n° Street 31" Street 40 MPH Madison Street Southern Village Limits Spring Road 30 MPH Meyers Road Oak Brook Road I Southern Village Limits 40 MPH Midwest Road I Southern Village Limits Northern Village Limits 35 MPH Oak Brook Road I Eastern Village Limits Western Village Limits 45 MPH Route 83 22nd Street Northern Village Limits 40 MPH Route 83 Southern Village Limits 22 "d Street 55 MPH Spring Road 22' Street Northern Village Limits 30 MPH St. Paschal Drive 31" Street 35' Street 30 MPH Timber Edge Drive Western Village Limits Eastbound "S" Curve 40 MPH Wood Glen Lane Wood Glen Lane Northern Village Limits 45 MPH York Road Northern Spring Road Oak Brook Road 35 MPH York Road Oak Brook Road Wood Glen Lane 40 MPH SCHEDULE 11. THROUGH STREETS Street From To 16'" Street Spring Road Western Village Limits 22nd Street Eastern Village Limits Western Village Limits 31' Street Eastern Village Limits Western Village Limits 351" Street St. Paschal Drive Midwest Road 351" Street Cass Avenue Meyers Road 35' Street Meyers Road Western Village Limits Adams Road South Right of Way Spring Road Southern Village Limits Baybrook Lane West Right of Way Lane Midwest Road East Right of Way Lane Meyers Road Harger Road York Road Spring Road Jorie Boulevard 22n0 Street 31" Street Madison Street South Right of Way Spring Road Southern Village Limits Meyers Road Northern Village Limits Southern Village Limits Midwest Road Northern Village Limits Southern Village Limits Mockingbird Lane West Right of Way Regent Drive East Right of Way Midwest Road Regent Drive South Right of Way Kingston Drive North Right of Way 31" Street Route 83 Northern Village Limits Southern Village Limits St. Paschal Drive South Frontage 35" Street Spring Road 31" Street York Road Spring Road 16' Street 22n° Street Timber Edge Drive Spring Road York Road Washington Street Spring Road Southern Village Limits York Road Northern Village Limits Southern Village Limits SCHEDULE III. STOP INTERSECTIONS All traffic shall come to a complete stop before proceeding through the following intersection: Kensington Road and Kensington Court Windsor Drive and Sheffield Lane Harger Road and Yorkshire Woods B &T Drive and Maintenance Drive 10 SCHEDULE IV. STOP STREETS TRAFFIC ON WILL STOP AT 311 Street Frontage Road Oak Brook Road 351 Street, Westbound Only Midwest Road 35" Street Adams Road 38'" Street Meyers Road Acorn Hill Lane Spring Road Adams Road Spring Road Avenue Loire Meyers Road B &T Drive Sports Core Circle B &T Drive Oak Brook Road B &T Drive NE Maintenance Drive B &T Drive SE Maintenance Drive Baybrook Lane Meyers Road Birchwood Road Adams Street Bliss Drive Windsor Drive Breckenridge Farm Adams Road Brougham Lane Fairview Avenue Canterberry Lane York Road Cass Court 35" Street Castle Drive 18'" Street Cheval Drive Adams Road Clearwater Drive 22n' Street Clearwater Drive York Road Coolidge Street Oak Brook Road Covington Court 351" Street Dover Drive Windsor Drive Frederick Drive Madison Street Gateway Lane York Road Golf Drive York Road Grant Street Oak Brook Road Hambletonian Drive 38" Street Harger Road York Road Heritage Oaks Lane Meyers Road Hunt Club Drive Oak Brook Road Hunter Drive Clearwater Drive Ivy Lane Mockingbird Lane Kimberley Lane Midwest Road Lincoln Road Oak Brook Road Luthin Road York Road Madison Street Spring Road McDonalds Drive Commerce Drive Meyers Frontage Road Meyers Road Mockingbird Lane Midwest Road 11 Natoma Drive Spring Road Oak Brook Drive Oak Brook Road Oak Brook Hills Road Oak Brook Road Oak Court York Road Pine Hill Lane Adams Road Red Stable Way Fairview Avenue Robinhood Ranch York Road Regent Drive Oak Brook Road Saddle Brook Drive 35" Street Salt Creek Circle Spring Road Spring Road 16t' Street Spring Road Oak Brook Road St. Josephs Drive Midwest Road St. Paschal Drive Oak Brook Road St. Stephens Green 35`" Street Timber Edge Drive Roosevelt Ramp Trinity Lane 35" Street Twin Oaks Drive Timber Edge Drive Village Commons Oak Brook Road Washington Street Spring Road Wennes Court York Road White Oak Lane Meyers Road Windsor Drive York Road Wood Road Washington Street York Lake Court York Road SCHEDULE V. YIELD STREETS TRAFFIC ON WILL YIELD TO B & T Drive Oak Brook Drive Cambridge Drive Concord Drive Camelot Drive Mockingbird Lane Concord Drive Mockingbird Lane Crabapple Lane Timberview Drive Crabapple Lane Walnut Lane Forest Glen Lane Wood Glen Lane Green Leaf Drive Twin Oaks Drive Green Leaf Drive Woodland Drive Heather Lane Regent Drive Ivy Lane Concord Drive Kimberley Circle Kimberley Lane Kingston Drive Kimberley Lane Merry Lane Forest Trail Drive Mockingbird Lane Regent Drive Regent Drive, Eastbound Northbound Regent Drive 12 Stafford Drive Dover Drive Timber Trail Drive Forest Trail Drive Timberview Drive Forest Trail Drive Timberview Drive Twin Oaks Drive Trinity Lane Entrance "T ", Southbound Eastbound/Westbound Trinity Lane/ St. Francis Circle Twin Oaks Drive, Southbound Timber Trail Drive Village Hall (west drive)(2 signs in parking areas) Northbound Village entrance drive Walnut Lane Forest Trail Drive Walnut Lane, Northbound Twin Oaks Drive Walnut Lane, Southbound Twin Oaks Drive Windsor Drive Swift Drive Woodland Drive Timberview Drive Woodridge Drive Wood Glen Lane Woodside Drive Wood Glen Lane SCHEDULE VI. ONE -WAY STREETS (Reserved) SCHEDULE VII. PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS STREET FROM TO 1t3'" Street Spring Road Western Village Limits 22ntl Street Eastern Village Limits Western Village Limits 31" Street Eastern Village Limits Western Village Limits 35" Street St. Paschal Drive Meyers Road Adams Road Southern Right of Way of Spring Road Southern Village Limits Birchwood Road Adams Road West West Terminus Bliss Drive Windsor Drive East East Terminus Camden Court 22 n Street South South Terminus Canterberry Lane York Road East East Terminus Clearwater Drive York Road 22ntl Street Commerce Drive Spring Road East East Cul -de -sac Enterprise Drive 22 n1 Street North North Terminus Hunter Drive Clearwater Drive West West Terminus Jorie Boulevard 22nD Street 315' Street Kensington Court Entire Length Kensington Road Entire Length Madison Street Southern Right of Way of Spring Road Southern Village Limits McDonald's Drive 22 "tl Street Commerce Drive Meyers Road Northern Village Limits Southern Village Limits Midwest Road Northern Village Limits Southern Village Limits Oak Brook Road Eastern Village Limits Western Village Limits 13 Roosevelt Road Eastern Village Limits Western Village Limits Route 56 (Butterfield Road) Western Village Limits Eastern Village Limits Route 83 Northern Village Limits Southern Village Limits Spring Road 22ntl Street (FAU 9877) 16" Street Spring Road 31" Street South to York Road Spring Road Northern Village Limits 16" Street St. Paschal Drive Entire Length Swift Drive Northern cul -de -sac Southern cul -de -sac Tower Road 22n0 Street South South Terminus Washington Street Spring Road Glendale Windsor Drive Swift Drive 22nd Street Wood Road (North side) Entire Length York Road Wood Glen Lane Northern Village Limits York Road Northern Spring Road Oak Brook Road York Road Oak Brook Road Wood Glen Lane SCHEDULE VIII. LIMITED LOAD STREETS (Reserved) SCHEDULE IX. PROHIBITED TURNS (1) It shall be unlawful for the operator of any vehicle traveling in a northerly direction on Spring Road during the hours of 7:00 a.m. to 9:00 a.m. on Monday through and including Friday of the week to make other than a right turn onto Oak Brook Road (31" Street) so as to travel other than in an easterly direction on said Oak Brook Road at such time and place. (2) It shall be unlawful for the operator of any vehicle to make any turn or other traffic maneuver so as to travel in a southerly direction onto Spring Road between Oak Brook Road and Adams Road between the hours of 3:00 p.m. and 6:00 p.m. Monday through Friday. (3) It shall be unlawful for the operator of any vehicle traveling in a westerly direction on Oak Brook Road (31" Street) to make a right turn so as to travel in a northerly direction on Hunt Club Drive between the hours of 7:00 a.m. and 9:00 a.m. Monday through Friday. (4) It shall be unlawful for the operator of any vehicle traveling in a southerly direction on Hunt Club Drive to make a left turn so as to travel in an easterly direction on Oak Brook Road (31" Street) between the hours of 4:00 p.m. and 6:00 p.m. Monday through Friday. (5) It shall be unlawful for the operator of any motor vehicle, except a school bus as defined in paragraph 1 -182 of the Illinois Vehicle Code, Chapter 65 of the Illinois Compiled Statutes, traveling in a northerly direction on Midwest Road to make a right turn so as to travel in an easterly direction on St. Joseph Drive between the hours of 7:00 a.m. and 9:00 a.m. Monday through Friday. (6) It shall be unlawful for the operator of any vehicle traveling in an easterly direction on 35`" Street to make a left turn so as to travel in a northerly direction on Trinity Lane between the hours of 7:00 a.m. and 9:00 a.m. Monday through Friday. 14 (7) It shall be unlawful for the operator of any vehicle at the intersection of York Road and Wood Glen Lane to make a southbound or northbound left turn. SCHEDULE X. "U" TURNS It shall be unlawful for the operator of any motor vehicle to make a "U" turn as follows: (1) On 22n° Street and Spring Road at the 1 -88 exit. (2) Southbound York Road at Dover Drive (3) Northbound on Jorie Boulevard at 3003 (4) Northbound on Jorie Boulevard at Kensington Road (5) Northbound on Midwest Road at north of St. Joseph Drive (6) On York Road at Clearwater Drive (7) On York Road at the 1 -88 exit. SCHEDULE XI. CAB STANDS AND BUS ZONES (Reserved) SCHEDULE XII. REGULATION OF TRAFFIC IN SHOPPING CENTER (Reserved) SCHEDULE XIII. PROHIBITED TRUCK TRAFFIC In accordance with Article III, Section 3 -3001, truck traffic is prohibited in the following subdivisions: Brook Forest, Forest Glen, Ginger Creek, Saddle Brook, Timber Trails, Trinity Lakes, Woodside Estates and York Woods as well as STREET FROM TO 161b Street Route 83 End 35'" Street Adams Road Midwest Road 35'" Street Cass Avenue Meyers Road Adams Road Spring Road Southern Village Limits Avenue Loire Meyers Road Village Limits Frontage Road Harger Road Northern Village Limits Madison Street Spring Road Southern Village Limits Spring Road 31" Street York Road Spring Road 16'" Street Northern Village Limits Spring Road 31" Street York Road St. Paschal Drive Northern Terminus Southern Terminus 15 Timber Edge Frontage Road North Spring Road York Road White Oak Lane I Meyers Road End SCHEDULE XIV. MUNICIPAL PARKING LOTS (Reserved) SCHEDULE XV. DESIGNATED FIRE LANES Adoption of The BOCA National Fire Prevention Code/1993 In lieu of using any section, or in addition to any section of this Chapter, the officer issuing a citation may issue it by using any of the sections of The BOCA National Fire Prevention Code /1993, as amended, which is incorporated and adopted by reference as a part of this Chapter, three (3) copies of said Code having been on file in the office of the Clerk of the Village and available for public use, inspection and examination for at least thirty (30) days prior to the adoption of this Chapter. All citations issued for these violations shall be in the name of the Village and may refer to the numbered sections of either the Illinois Vehicle Code, or this Chapter, but shall also be referred to as an ordinance violation in the traffic ticket or complaint; to -wit: Section F -311.0 Fire Lanes. F- 311.1. Designation: The code official shall require and designate public or private fire lanes as deemed necessary for the efficient and effective operation of fire apparatus. Fire lanes shall have a minimum width of 18 feet (5486 mm). F- 311.2. Obstructions: Designated fire lanes shall be maintained free of obstructions and vehicles and shall be marked in an approved manner. F- 311.3. Maintenance. All designated fire lane signs or markings shall be maintained in a clean and legible condition at all times and replaced when necessary to ensure adequate visibility. SCHEDULE XVI. INTERSECTIONS CONTROLLED BY TRAFFIC CONTROL SIGNALS It shall be unlawful for any driver of any vehicle to disobey the instructions of any traffic control signal light at the following intersections: (1) 16'h Street & Oak Brook Bank (designated as "3" South) (2) 22nd Street & Enterprise Drive (Jorie Boulevard) (3) 22nd Street & Spring Road (4) 22 "d Street & York Road (5) 22 "d Street & McDonald Drive (6) 22n° Street & Midwest Road (7) 22 "d Street & Oakbrook Shopping Center East (designated as "1" South) (8) 22nd Street & Oakbrook Shopping Center West (designated as "2" South) iL (9) 2Zd Street & Parkview (10) 22nd Street & Windsor Drive (11) 35'n Street & Meyers Road (12) 35'" Street & Midwest Road (13) Butterfield Road & 22' Street (14) Butterfield Road & Meyers Road (15) Butterfield Road & Midwest Road (16) Butterfield Road & Trans Am (17) Illinois State Route 83 & 16" Street (18) Illinois State Route 83 & 22nd Street (19) Illinois State Route 83 & Hodges (20) Jorie Boulevard & Jorie Plaza (21) Jorie Boulevard & Kensington Road (22) Jorie Boulevard & Forest Gate Road (23) Midwest Road & Baybrook Lane (24) Oak Brook Road (31" Street) & Concord Drive (25) Oak Brook Road (31" Street) & Jorie Boulevard (26) Oak Brook Road (31" Street) & Meyers Road (27) Oak Brook Road (31" Street) & Midwest Road (28) Oak Brook Road (31" Street) & York Road. (29) Oak Brook Road (31" Street) & Illinois State Route 83 (30) Spring Road & Commerce Drive (31) Spring Road & Harger Road (32) York Road & Dover Drive (33) York Road & Spring Road (34) York Road & Tollway Exit (35) York Road & Wood Glen Lane 17 EXHIBIT D of 618110 IGA WIDOT ORDINANCE 2009- SWM- IDDE -EX1 -G -897 AN ORDINANCE AMENDING THE CODE OF ORDINANCES TO ADD TITLE 15 (ILLICIT DISCHARGE DETECTION AND ELIMINATION ORDINANCE) TO THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK WHEREAS, the United States Congress has adopted the Clean Water Act and, thereafter, the Water Quality Act to combat water pollution; and WHEREAS, the aforesaid Federal legislation authorized the establishment of the National Pollution Discharge Elimination System ( "NPDES ") permitting program, under which permitting is, generally, administered by the states; and WHEREAS, the Illinois Environmental Protection Agency ( "IEPA ") has issued a General National Pollution Discharge Elimination System Permit for Discharges from Small Municipal Separate Storm Sewer Systems ( "Phase II ") to the County of DuPage and the Village of Oak Brook (the "co- permittees "); and WHEREAS, NPDES Permits require permittees to develop, adopt and implement an ordinance for the detection, prohibition and elimination of illicit discharges into the storm sewer systems of the permittees; and WHEREAS, the Illinois General Assembly has authorized the Village of Oak Brook to prevent the pollution of any stream or any body of water within the Village by 65 ILCS 5/1 -2 -1, 5/11- 12 -12, 5/11 -30 -2, 5/11 -30 -8, and 5/11 -31 -2 and such other authority as applicable to those communities; and WHEREAS, illicit discharges of pollutants into storm sewer systems is a significant source of water pollution to Village of Oak Brook streams and water bodies; and WHEREAS, the Village President and Board of Trustees have heretofore established rules and regulations relating to stormwater management within the Village of Oak Brook; and WHEREAS, the Village President and Board of Trustees recognizes that improved water quality is an integral part of the proper management of storm and flood waters; and WHEREAS, the Village Engineer has worked closely with the DuPage County Stormwater Management Division and other municipal engineers to develop a program to detect, prohibit and eliminate illicit discharges into the storm sewer systems of the Village in order to prevent water pollution, and in particular, to comply with the requirements of the Village's General NPDES Phase II permit; and WHEREAS, the proposed Illicit Discharge Detection and Elimination Ordinance is intended to reduce and /or prevent the pollution of any stream or any body of water within the Village and to reduce and /or prevent pollutants from entering the Waters of the Unites States; and WHEREAS, improving water quality in the Village, and reducing or eliminating the public's exposure to water -borne pollutants is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. ORDINANCE 2009- SWM- IDDE -EX1 -G -897 Illicit Discharge Detection & Elimination Of Stormwater Page 2 of 14 Section 2: That the Code of Ordinances of the Village of Oak Brook is amended by adding Title 15 entitled "ILLICIT DISCHARGE DETECTION AND ELIMINATION ORDINANCE" as set forth in the attached Exhibit A and incorporated herein by reference. Section & If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. Section 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner required by law. APPROVED THIS 8th day of September, 2009. John W. Crai Village Presi ent PASSED THIS 8`" day of September, 2009. Ayes: Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis Nays: None Absent: NM President Craig ATTEST: n Charlotte K. Pruss Village Clerk €XHIM E ORDINANCE 2010 -IDOT- ENCROACH -G -928 AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT -OF -WAY ALONG 22ND STREET WHEREAS, the State of Illinois (State) acting by and through its Department of Transportation (IDOT), is desirous of improving 22nd Street between Illinois Route 83 and Illinois Route 56 in the Village of Oak Brook, Illinois (Village); and WHEREAS, said project is being constructed in order to facilitate the free flow of traffic and ensure safety to the motoring public; and WHEREAS, a portion of said project passes through the Village of Oak Brook. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That no person, firm, corporation or other entity shall install, place, maintain or construct any structure that encroaches upon the State right -of -way on 22nd Street with the corporate limits of the Village. Section 2: That the Village Clerk of the Village is hereby authorized and directed to attach a copy of this Ordinance to the Intergovernmental Agreement dated June 8, 2010 by and between the State of Illinois and the Village of Oak Brook relative to the improvement of 22nd Street. Section 3: This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Section 4: All ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict. APPROVED THIS 8'4 day of June, 201 PASSED THIS 8t" day of June, 2010. Ayes: Trustees Carson, Moy. Saiyed. Wolin and Zannis Nays: Absent: Trustee Aktipis ATTEST: a6-Q&- ,rim Charlotte K. Pruss Village Clerk C [11 a O N p m m m m Or b M O b O r T Q Q O� Q O� O O Q O� N v1 r r N N N Q O Q O Q V N W W O M N vQj cO �O b M N O Vi W h O T N N Op M O. M N N N O O N N h N N N N r Q v1 �p N N Q Q r M O M W W N N Q r Q M Ff N r 0p vi vi O O N a0 vi M N O O a O O O b M M P N QM O ^O O V h N Q N Q V1 N b T N Vi (i M K :A L m 0. 0 0 zi O N O N N r O r Vi N L p N Q {i� N Vl N 00 N1 N N N y> ii Vi oo m �G Q O Q N N P N b Vi a b m O M ry, b b m N C N � p N N Nl �/+ N N MM O► O N O N .p Q tq O v1 O C �D T N r Q P r r r PN N W Q M M1 Vl N C [11 a O N p m m m m v �\ G O y W V_ T O G�G 9 O o 0 N 0 N o o N r O O O O N N C N r O O O O O O O O O r M N M N O yl Vi .. O O O N N fA .. O O O O O N N p O z Y u Ci Ci Vi m {L �r. 6 m h � � � fA � N .-• .-• � O ° Z O ° N U N 00 O N O N G O y W V_ T O G�G 9 West 22nd Street Costs Work Item Cost Village Infra Reimbursable Village Water Fund (Property Owner) Fund Shoppes Signal $ 270,000 $ 100,000 $170,000 Shoppes Signal (Engr) $ 40,500 $ 40,500 Costco Signal $ 278,500 $ - $278,500 Costco Signal (Engr) $ 27,850 $ - $ 27,850 Costco Driveway $ 22,250 $ 22,250 Costco Driveway (Engr) $ 2,225 $ 2,225 Costco turn lane $ 31,000 $ 31,000 Costco turn lane(Engr) $ 3,100 $ 3,100 Parkview Signal $ 312,000 $ 211,950 $100,050 Parkview Signal (Engr) $ 46,800 $ 46,800 IL83 Signal $ 102,000 $ 102,000 IL83 Signal (Engr) $ 10,200 $ 10,200 Additional Lane @ IL83 $ 220,000 $ 220,000 Additional Lane @ IL83(Engr) $ 22,000 $ 22,000 EVP $ 40,000 $ 40,000 EVP (Engr) $ 5,600 $ 5,600 Sidewalk $ 13,200 $ 13,200 Sidewalk (Engr) $ 1,980 $ 1,980 Watermain $ 908,000 $ 908,000 Watermain (Engr) $ 90,800 $ 90,800 Total $ 2,448,005 $ 814,230 $ 634,975 $ 998,800 Probable savings due to favorable bid $ 244,269 $ 299,640 Probable net cost $ 569,961 $ 699,160 May 19, 2010 macys inc Mike Hullihan, P.E. Village Engineer Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 VIA E -MAIL AND OVERNIGHT DELIVERY Re: Macy'S Home Store, 1717 22nd Street- Oak Brook IL: 22 "d Street Road Improvement Proiect Dear Village Engineer Hullihan, This letter is being sent on behalf of Macy's Retail Holdings, Inc. ( "Macy's "). We are in receipt of your May 6, 2010 letter to Macy's in which you request that Macy's commit to reimburse the Village of Oak Brook (the "Village ") for certain expenses relating to the traffic signal located at the intersection of the Macy's Home Store entrance and 22nd Street in connection with a road widening project for 22nd Street. Your letter sets a May 20, 2010 deadline for Macy's response. As you know, your May 6, 2010 letter caught us unaware and we have been working hard since that date to properly evaluate this matter and make a reasoned response to the Village. We previously sent you a letter dated May 17, 2010 in which Macy's requested a thirty day extension of the deadline in your letter. Notwithstanding the pending extension request, I want to respond in good faith to the Village's request prior to your deadline. The traffic signal was apparently installed at the request of Marshall Field's in 1996 and, at that time, Marshall Field's agreed to reimburse the Village for certain future expenses related to the signal. Macy's intends to honor this commitment and pay its fair share for the cost of the traffic signal improvements being made to this intersection in connection with the IDOT 22nd Street Project. However, Macy's does not want to pay more than our fair share of these costs. Your May 6, 2010 letter contained an estimate of $358,800 for the traffic signal improvement work at this intersection. A 2008 letter that you included with your May 6, 2010 letter contained an earlier estimate of $239,775 for this work. As you know, we have engaged the Christopher Burke Engineering firm to assist us with this matter. Our engineers have reviewed the cost figures available to us and have concluded that both the 2008 and 2010 cost estimates contain amounts that should not be passed on to Macy's as an equitable private property owner expense. Enclosed with this letter is a memo prepared by Christopher Burke Engineering that explains in detail the additional costs that should not be passed on by IDOT to the Village or to Macy's. These additional costs involve increased expenses due to both (i) changes to the 22nd Street Project plans required by the grant of a traffic signal to Costco, an adjacent property owner, and 7 West Seventh St., Cincinnati, CH 45202 Letter to Mike Hullihan May 19, 2010 Page 2 of 3 (ii) elective modernization of traffic signal equipment by IDOT. While Macy's does not oppose the grant of a traffic signal to Costco, Macy's should not have to pay cost increases resulting from this grant to an adjacent property owner. Similarly, the original scope of the improvements at this intersection did not require the modernization of all of the signal equipment and instead would have allowed some equipment to be reused, reducing the overall cost to Macy's. When IDOT chooses to modernize all of the equipment at an intersection where it may not be necessary, the private property owner should not have to bear the increased cost of that choice. As indicated in their memo, our engineers have concluded that Macy's fair share for the traffic signal improvement work is $100,050.00. As a result, we hereby commit to the Village that Macy's will reimburse the Village in an amount not to exceed $100,050.00 to pay our fair share of the traffic signal improvement costs. This amount is based on the research performed by our engineers and set out in the memo enclosed with this letter. However, our research is not fully complete and we reserve, and request, the right to continue speaking with representatives of the Village and/or [DOT, as appropriate, to determine the final cost to these improvements and our appropriate fair share. In addition, Macy's is not the only party that benefits from this traffic signal. Other parties on the opposite side of 22"d Street benefit from this traffic signal. Macy's has attempted to contact some of those other property owners to seek their contribution to the traffic signal improvement costs. Please note that Macy's intends to continue discussions with those other parties that benefit from this traffic signal to obtain their contribution to any traffic signal improvement costs that we may pay to the Village. We only became aware of this contribution request by the Village a short time ago and are still in the midst of our review of this matter. However, we are committed to working with the Village and IDOT in hopes of quickly bringing this matter to a mutually acceptable conclusion. In the past, Macy's has worked well with both IDOT and the Village to successfully resolve other easement and road issues in connection with this property. We look forward to continuing those same cooperative efforts to achieve another good outcome in this instance. Please contact me if you wish to discuss this matter or if I can be of further assistance Sincerely, MACY'�.$ETAIL HOLDINGS, INC. BY: \ X 1(�S/ Cwi- .%ioertemoeller Senior Vice President Enclosure Letter to Mike Hullihan May 19, 2010 Page 3 of 3 CC: David Niemeyer, Village Manager (via overnight delivery) Rick Shoemaker, Macy's (via e-mail) Doug Pyne, Macy's (via e-mail) Donna Pugh, Foley & Lardner (via e-mail) Chris Burke, Christopher Burke Engineering (via e-mail) MEMORANDUM May 18, 2010 TO: Macy's Inc. ATTENTION: Douglas R. Pyne FROM: Mike Ziegler SUBJECT: 22nd Street at Macy's Entrance/Parkview Drive Oak Brook, IL (CBBEL Project No.:09 -0588) Christopher B. Burke Engineering, Ltd. (CBBEL) has reviewed the proposed 22nd Street traffic signal improvement plans for the Macy's Entrance/Parkview Drive. This included a review of the original plans prepared in 2008 and the revised 2010 plans that incorporate the roadway improvements related to the proposed Costoo traffic signal. Both plans include the modernization (replacement) of the traffic signal standards at the intersection. The 2008 plans did reuse existing underground facilities on the east approach since the roadway improvements did not extend through the intersection. The roadway improvements contained in the 2010 plans do extend through the intersection. This is specifically related to the extension of the eastbound lane through lane from Costoo to the proposed dual right turn lanes at IL Route 83. As a result, the existing underground facilities on the east approach could not be reused. The allocation of cost to Macy's for the traffic signal work should be limited to the scope of traffic signal improvements that would be necessary to accommodate the 2008 improvements. In our opinion, this cost should not include the modemization of the traffic signal installation by IDOT or the incremental costs associated with the roadway improvements related to the Costoo traffic signal, which require new conduit on the east approach and a longer mast arm. The work necessary to accommodate the 2008 improvements could have been limited to traffic signal modifications at the southwest quadrant. This was the only quadrant impacted by the proposed eastbound right turn lane. To accommodate this improvement a temporary traffic signal installation would have been required. In addition, the existing traffic signal equipment in this quadrant would have to be removed and replaced. This would include signal equipment standards and part of the emergency vehicle pre - emption detectors. Any additional costs associated with modernization of the traffic signal installation should be borne by IDOT, since it is not required by the 2008 improvements. In addition, the 2010 roadway improvements at this intersection are directly related to the proposed traffic signal for Costoo. The costs associated with these improvements should not be considered germane to cost associated with Macy's NCHRISTOPHER B. BURKE ENGINEERING, LTD. 9575 W Higgins Road, Suite 600 Rosemont, Illinois 60018.4920 Tel (847) 823-0500 Fax (847) 823.0520 MEMORANDUM CBBEL evaluated three cost alternatives with respect to the proposed traffic signal improvements. These are summarized in Table 1. It should be noted that the cost alternative for Macy's reflects only costs associated with modifying the traffic signal equipment in the southwest quadrant of the intersection. It does not reflect complete traffic signal modernization as proposed in the 2008 and 2010 plans. Modemization of the entire, traffic signal installation is not necessary to accommodate the proposed roadway improvements. The costs associated with traffic Signal modernization should be bome by others as it relates to IDOT's new traffic signal design requirements and /or the improvements necessary to accommodate the proposed Costoo traffic signal. Table 1: Traffic Signal Cost Alternatives Item Recommended IDOT 2008 Total Cost IDOT 2010Total Cost Macy's Cost Estimate Estimate Participation w /Costoo Im rovements Temporary $42,000.00 $ 42,000.00 $ 42,000.00 Traffic Signal EVP $ 5,000.00 $ 8,000.00 $ 8,000.00 Traffic Signal $40,000.00 Modification Traffic Signal $160,000.00 $270,000.00 Modernization Subtotal $87,000.00 $210,000.00 $320,000.00 Engineering @ $13,050.00 $ 40,500.00 $ 48,000.00 15% Total $100,050.00 251,500.00 $368,000.00 N: 10AKBROOK090588\M .Pyne.05182010.doc CHRISTOPHER B. BURKE ENGINEERING, LTD. 9575 W Higgins Road, Suite 600 Rosemont, Illinois 60018 4920 Tel (847) 823-0500 Fax (847) 823-0520