HomeMy WebLinkAboutOrdinance # 1947ORDINANCE NO. 1947
AN ORDINANCE PURSUANT TO ARTICLE 65 ILLS 5/11-15.1 et. seq. EXPRESSING
THE INTENT OF THE CORPORATE AUTHORITIES OF THE CITY OF CANTON,
ILLINOIS TO ENTER INTO ANNEXATION AGREEMENTS WITH PROPERTY
OWNERS IN THE WESTGATE SUBDIVISION, CANTON, ILLINOIS.
WHEREAS, there exists in unincorporated Canton, Illinois territory a subdivision known
as Westgate Subdivision; and
WHEREAS, as of September 22, 2008, the subdivided lots were owned by the following
landowners of record, as reflected in deeds recorded in the Fulton County Recorder's Office:
Camman Address
PIN
Owner Subdivisio
n Lot
Number
26373 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-006 McAdams, Howard 1
26341 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-004 Eby, William & Karen 2
26317 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-014 Rader, Matt & Sheri 3
26289 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-013 Lindsey, Tim & Amy 4
26285 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-012 Orwig, Tom & Maria 5
26277 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-011 Walters, Harold 6
26270 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-010 Stratton, James 7
26280 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-009 Kimble, Bill & Sara 8
09-08-21-303-008 Kimble, Bill & Sara
Davis, Bob
9
26304 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-007
09-08-21-300-003
Davis, Bob
10
26338 N Oakleaf Lane, Canton, IL 61520
09-08-21-300-003 Maupin, Matthew & Gayle;
a/k/a Donkin, Matthew &
Gayle
11
26354 N Oakleaf Lane, Canton, IL 61520 09-08-21-300-006 Williams, Tom 12
26366 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-004 Eberle, Lan & Jodi 13
26382 N Oakleaf Lane, Canton, IL 61520
09-08-21-303-003 Groves, Anthony &
Jacqueline
14
20189 E. Co Hwy 21, Canton, IL 61520 09-08-21-303-002 Goforth, Trent & Chantel 15
09-08-21-303-001 Glad, Anthony & Tamara 16
WHEREAS, there is an existing water main located adjacent and contiguous to the real
estate owned by aforementioned landowners that is capable of providing residential water
service; and,
WHEREAS, said water main belongs to and is filled with water owned and furnished by
the City of Canton; and,
WHEREAS, the City of Canton has adopted a policy and practice of not extending city
services, such as water, to real estate located outside the municipal limits of the City of Canton,
Illinois, unless the owner of the real estate in question annexes into the City of Canton; and,
WHEREAS, when landowners are not yet contiguous to the City of Canton and, under
the Statutes of the State of Illinois, could not annex to the City of Canton in order to obtain said
services, the corporate authorities of the City of Canton have entered into annexation agreements
with the owners requiring that the land be annexed into the City of Canton in the manner
provided by 65 ILLS 5/7 et. seq. when the land becomes contiguous; and
WHEREAS, as to water service, the City of Canton's annexation agreement requires the
landowners to pay to the City double the amount of prevailing rate inside the City of Canton for
water used and consumed by using the standard charge then prevailing for water in the City of
Canton, Illinois, and multiplying that prevailing charge per unit of water by two; and,
WHEREAS, as to water rates charged to landowners outside the City's municipal limits,
there is also in existence Section 8-10-5(c)(3) of the Canton Municipal Code, which states:
Outside Users: All users outside the city limits of the city of Canton
shall pay two hundred percent (200%) of the operation and
maintenance and minimum base rates, except as otherwise provided
by the city council.
WHEREAS, pursuant to authority given in 65 ILCS 5/1 et. seq., the corporate authorities
of the City of Canton entered into annexation agreements affecting the following lots at Westgate
Subdivision:
Subdivision Date Agreement Document
Common Address PIN Lot Number. Recorded Number
26373 N Oakleaf Lane
Canton, IL 61520 09-08-21-303-006 1 October 22, 2007 716143
26341 N Oakleaf Lane
Canton, IL 61520 09-08-21-303-004 2 April 24, 2007 711736
26317 N Oakleaf Lane
Canton, IL 61520 09-08-21-303-014 3 August 22, 2008 822314
26366 N Oakleaf Lane
Canton, IL 61520 09-08-21-303-004 13 April 3, 2007 711314
20189 E. Co Hwy 21
Canton, IL 61520 09-08-21-303-002 15 April 21, 2008 819761
WHEREAS, the landowners who executed annexation agreements were allowed to tap
the adjacent water main and were furnished water to the real estate for residential purposes; and
WHEREAS, for reasons that are unclear to the City, landowners who did not enter into
annexation agreements with the City of Canton, were also allowed to tap the adjacent water main
and were furnished water to the real estate for residential purposes; and
WHEREAS, it was further discovered that all water customers located in the Westgate
Subdivision were incorrectly being charged single water rates; and
WHEREAS, upon discovering that water service was being provided to landowners who
did not execute annexation agreements and that all water customers were being charged the
incorrect rate, the City held a public meeting with the landowners of Westgate Subdivision on
August 26, 2008; and
WHEREAS, based on the public meeting and discussions by the Canton City Council on
September 8, 2008 and September 15, 2008, the following was determined:
All water customers from the Westgate Subdivision, as of the September 1, 2008, would
be charged double water rates.
2. All landowners who were currently receiving water, but had not executed annexation
agreements, would not be required to execute annexation agreements. However, when
the real estate was transferred or conveyed, in any manner, including process of law, the
new landowner will be required to execute an annexation agreement with the City of
Canton in order to continue water service.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Canton,
Illinois as follows:
1. That the facts and statements contained in the preamble to this Ordinance are found to be
true and correct and are hereby adopted as part of this Ordinance.
2. All water customers from the Westgate Subdivision, as of the September 1, 2008, will be
charged double water rates pursuant to the language of the City's municipal code and any
recorded annexation agreement, if applicable.
3. All landowners of record as of September 22, 008, who currently receive water, but have
not executed annexation agreements, will not be required to execute annexation
agreements in order to continue water service.
4. As of the effective date of this ordinance, any transfer of the real estate currently
receiving water service, even through process of law, will be required to execute an
annexation agreement in order to continue with water service.
5. This ordinance shall be in full force and effect from and after its passage and approval as
provided by law.
Passed by the City Council of the City of Canton and approved by the Mayor of said City
this 2D day of October, 2008.
APPROVED:
Kevin R. Mead ,MAYOR
ATTEST:
Nancy S. 'tes, CITY CLERK
AYES - Aldermen Schenck, Berardi, Sarff~, West,, Nidiff~e~r, Ihnes, Strandberg.
NAYS:- None.
ABSENT -Alderman Lewis.