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ORDINANCE N0. 1269
AN CRD I NANCE CCU I FY I N3 THE POL 1 CY OF THE C I TY OF CAIYfON RELAT I IBC
TO THE PRCN I D 1 ~ OF C I TY WATER AID SEVYER SERVICE TO PFmPERTY LY I ~
OUTSIDE OF THE OORPORATE LIMITS.
Vi1-~REAS, the Public Works, V"Dater and Sewer Committee has
determined that it is necessary and in the best interest of the
City of Canton that the City's long-standing policy relating to
the provisions of water and sewer services to property lying
outside the corporate limits be codified; and,
H~1-~RFAS, the Canton City Counci I has made a similar
determination.
M7W, ll-EREFCRE, BE IT OROIAINED BY THE CITY OCINCIL OF THE
CITY OF CAIYTgV, Fulton County, Illinois, as follows:
1. That the Canton City Council hereby finds the foregoing
recitals to be fact.
2. That Title 8 of the Canton Municipal Code is hereby
amended by adding thereto Chapter 20 to read as follows:
"Gt-IAPTER 20
ANt~XATIONS - SEWER ADD WATER SERVICE
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8-20-1: ANNEXATIONS - SEWER AND WATER SERVICE: Any person
desiring City water and/or sewer service to property lying outside
the City's corporate limits must:
A. If the property is contiguous to the City's
corporate limits, annex the subject property into the
City as a condition precedent to receiving such water
and/or sewer service.
B. If the property is not contiguous to the City's
corporate limits, as a condition precedent to receiving
either water and/or sewer service, enter into a legally
valid and binding pre-annexation agreement. Such
agreement shall in all instances be in form and
substance satisfactory to the City Attorney and shall,
as a minimum, contain the following provisions:
1. A complete and accurate legal description of the
property which is the subject of the agreement
2. The common or street address of the subject
property.
3. A declaration that water or sewer service, or, both,
are to be provided.
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4. A declaration that the owner(s) of record, at their
sole expense, will within sixty (60) days of becoming
contiguous to the City of Canton, petition the City of
Canton for voluntary annexation into the city and
rezoning.
5. A declaration that such agreement is binding upon
the present owners and all future owners; that such
agreement shall constitute a covenant in perpetuity
running with the land; and, that the City's original of
said agreement shall be filed by the City with the
Fulton County Recorder and that such filing fee shall be
paid by the City and added to the first sewer or water
bill as a one-tune special charge.
C. The entirety of the subject property shall be
annexed into the City, or, made the subject of the
pre-annexation agreement, as applicable. Property shall
not be divided or subdivided with less than the whole
being annexed or rnade the subject of a pre-annexation
agreement in order to receive City water or sewer
services. The sole exception shall be tracts in excess
of 20 acres in size which are actually utilized as a
grain farm and/or livestock farm; as to such farm
ground, the site of the dwelling house and dwelling
house outbuildings may be annexed into the city or made
the subject of a pre-annexation agreement. The
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permitted division of such property shall be drawn in
such a manner that the tract to be annexed or made the
subject of a pre-annexation agreement clearly conforms
to all applicable requirements of state law, and local
ordinance.
8-20-2: EXCEPTIONS - VOTE: In extraordinary situations so
declared by the Canton City Council, the Council may by a majority
vote of the corporate authorities, deviate from the foregoing
Section 1.C. by requiring that all of a given tract of real
property be annexed into the City, or, be made the subject of a
requisite pre-annexation agreement.
8-20-3: SPECIAL CONDITIONS: The City Council may, in addition
to any of the foregoing conditions, require additional terms or
conditions as may appear to be in the best interest of the City as
conditions precedent to the annexation or pre-annexation
agreement.
8-20-4: INTERC~01/EFZMiENTAL ~I~EEIvENTS: Nothing i n th i s Chapter
shall be interpreted as a restraint upon the power of the City of
Canton to enter into intergovernmental agreements relating to the
sale of or receipt of sewer or water services by the City of
Canton.
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8-20-5: DEVIATIONS: No City officer or official shall have any
authority to deviate from the requirements of this Chapter, or, to
bind the City to any such deviation."
3. That this Ordinance shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Fulton County, Illinois, and approval by the P/layor
thereof.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 51:h day of
December 1989 upon a roll call vote a.~ follows:
AYES: Aldermen Chapman, May, Bohlen, Sarff, Steck, Zilly,
Kovachevich.
NAYS: None.
~~: Alderman Meade..
ATTEST:
ancy VJh i s, City Clerk
APPF~J1/ED:
Donald E. Edwards, Mayor
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Citg~ Att. Date
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