HomeMy WebLinkAboutOrdinances - 23-5 - 02/06/2023 - ROW Permit Text Amendments CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 23-5
An Ordinance Amending Section 8-7-4, Permit Required;Application and
Fees, of the McHenry Municipal Code
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
February 6, 2023
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 7th day of February 2023
ORDINANCE NO. 23-5
An Ordinance Amending Section 8-7-4, Permit Required;Application and Fees,
of the McHenry Municipal Code
WHEREAS,the City of McHenry,McHenry County,Illinois,is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as
granted in the Constitution of the State of Illinois; and
WHEREAS, the City Code includes rules governing access to the City's right of way and
other properiy to ensure the protection of the City's public ways and resources which can be found in
Title 8, Chapter 7 of the City's Code; and
WHEREAS, the City Council has found that it is appropriate to update Section 8-7-4:
PERMIT REQUIRED;APPLICATION AND FEES to better protect the City's right of way and to
correct a pre-existing typographical error that will avoid confusion by users.
NOW, THEREFORE, BE IT ORDAINED by the CITY COLJNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Section 8-7-4 of the City Code shall be amended as follows(with new language
underlined and deleted text shown as struck-through):
8-7-4: PERMIT REQUIRED; APPLICATION AND FEES:
A. Permit Required:Except as otherwise provided in this chapter,no person,unit of government or
utility shall construct any facility on, over, above, along, upon, under, across or within any City
right-of-way,public utility easement,utility easement or drainage easement ' '�g
� � �
e�e�which: 1)changes the location of the facility;2)adds a new facility;3)disrupts the right-
of-way for City easementl; or 4)materially increases the amount of area or space occupied by the
facility on,over,above,along,under,across or within the right-of-way jor Citv easement�,without
first filing an application with the Public Works Director�nd obtaining a permit from the City.�4�io
permit shall be required for installation and maintenance of service connections to customers'
premises where there will be no disruption of the right-of-way or City easement.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect,impair,invalidate or nullify the remainder thereof,which remainder shall remain and
continue in full force and effect.
SECTION 3:All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
Amending Section 8-7-4, Page 1
SECTION 4: This Ordinance shall be in full force and effect upon its passage,approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Ayes Nays Absent Abstain
Alderman Devine x
Alderman Glab x
Alderman Harding X
Alderman Strach x
Alderwoman Miller x
Alderman Santi x
Alderman McClatchey x
APPROVED:
Mayor ne ett
(SEAL) `
ATTEST:
City C erk Trisha Ramel
Passed: February 6, 2023
Approved: February 6, 2023
Z:IMI McHenryCityof fOrdinances I ROWPerm it.doc
Amending Section 8-7-4, Page 2
CERTIFICATION
I,Monte Johnson,do hereby certify that I am the duly appointed,acting and qualified Deputy
Clerk of the City of McHenry,McHenry County,Illinois,and that as such Clerk,I am the keeper of
the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of
McHenry, held on the 6th day of February, 2023, the foregoing Ordinance entitled An Ordinance
Amending Section 8-7-4, Permit Required;Application and Fees, of the McHenry Municipal Code,
was duly passed by the City Council of the City of McHenry.
The pamphlet form of Ordinance No. 23-51 including the Ordinance and a cover sheet
thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on
the 6th day of February 2023, and will continue for at least 10 days thereafter. Copies of such
Ordinance are also available for public inspection upon request in the office of the City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and
keeper of the same.
GIVEN under my hand and seal this 7th day of February 2023.
��'�'�e,�G .
Monte Johnson, Deputy City Clerk
� -- City of McHenry,
McHenry County, Illinois
(SEAL�� � �