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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�� � �