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Home My WebLink AboutOrdinance #0594r i' a t ~9~ Read by Title 6-21-77 ORDINANCE N0. (AN ORDINANCE. REGULATING THE PARKING OF MOTOR VEHICLES (DURING CERTAIN PERIODS) UPON THE WILLIAM H. MALMGREN LAW OFFICE PARKING AREA, GENERALLY LOCATED AT THE ADDRESS OF 369 NORTH MAIN STREET AT THE SOUTHEAST CORNER OF MAIN AND ASH STREETS ON THE EAST SIDE OF MAIN STREET IN SAID CITY). WHEREAS, William H. Malmgren is the owner of a "Shopping Center" which controls a parking area located within the Corporate limits of the City of Canton, Illinois, as contemplated by Chap. 95 1/2, Sec. 11-209, I11. Rev. Stats. (1975); and, WHEREAS, the said William H. Palmgren has contracted with the City of Canton, Illinois pursuant to said Sec. 11-209 and thereby empowered the City of Canton, to regulate the parking of automobiles on said parking area; Now, therefore, be it ordained by the City Council of the City of Canton, Illinois as follows: Section 1. That the following words or phrases shall be construed and have the meaning or definition set forth: a. "Park, or "parking"; Means the standing of a motor vehicle, whether occupied or not, otherwise then when temporarily and actually engaged in loading or unloading merchandise or passengers. b. "Parking area"; Means that area provided for the use of motor vehicles in connection with the business establishment known as the William H. Malmgren Law Offices, said premises being generally located at the address of 369 North Main Street in the City of Canton, Illinois on the following described realty: The West sixty-three feet (63') of Lot Fifty-nine (59), less sixteen and one-half feet (16 1/2') off the North side conveyed to the Town of Canton, Illinois,. all in the Original Town of Canton, situated in the County of Fulton, in the State of Illinois. and which said realty is generally located on the East Side of Main Street at the Southeast corner of Main and Ash Streets in the City of Canton, Illinois. Section 2. That it shall be unlawful for any person, not specifically authorized by the said William H. Malmgren, or not actively utilizing or patronizing the business facilities of the William H. Malmgren Law Office, to park a motor vehicle at any place in or on the parking area herein contemplated during the following times: a. Between the hours of five-thirty (5:30) o'clock P.M. in the afternoon and eight (8) o'clock A.M. in the morning of each day commencing on each Monday through each day thereafter to each succeeding Saturday at eight (8) o'clock A.M. in the morning; and, b. Between the hours of five-thirty (5:30) o'clock P.M. in the evening on Saturday until eight (8) o'clock A.M. in the morning of each succeeding Monday thereafter; and, c. At any time during generally recognized holidays. Section 3. That it shall be primafacie evidence that any person who parks a motor vehicle in or on said parking area during the periods herein prohibited is not authorized to do so and is not actively utilizing the business facilities of the William H. Malmgren Law Offices. Section 4. That the Police Chief of this City shall cause appropriate signs to be posted informing persons of this Ordinance. Section 5. That any person who violates any of the provisions hereof shall be punished by fine of not less than $5.00 nor more than $200.00 for each such violation. Section 6: That this Ordinance shall be in full force and effect after passage by the City Council, approval by the Mayor, and publication according to law. PASSED by the City Council, of the City of Canton, Illinois and APPROVED by the Mayor thereof this ~~~'/ day of ~ C.+-~ , 1977. ~. APPROVED: ~~ , ,,l MAYOR. ATTEST: ~J't' ~+ ITY CLERK. r ~ ~ ~ ~ ! ~ AGREEMENT FOR REGULATION OF PARKING ANP TRAFFIC CONTROL OF MOTOR VEHICLES THIS AGREEMENT, made this ~~ day of ~(~,t~/ ~ , 1977, A.D., by and between WILLIAM H. NtALMGREN, hereinafter referred to as MALMGREN, and THE CITY OF CANTON, ILLINOIS, a Municipal Corporation, hereinafter referred to as CITY, WITNESSETH: WHEREAS, MALMGREN is the owner of a building and contiguous parking area which serves as a method of ingress and egress to the William H. Malmgren Law Offices, said premises being described as follows: The West sixty-three feet (63') of Lot Fifty-nine (59), less sixteen and one-half feet (l6 1/2') off the North side conveyed to the Town of Canton, Illinois, all in the Original Town of Canton, situated in the County of Fulton, in the State of Illinois. and, WHEREAS, the owner allows parking upon said premises for the William H. Malmgren Law Offices; and, WHEREAS, said premises, business establishment and parking area hereinabove described is wholly located within the corporate limits of the CITY; and, WHEREAS, MALMGREN is the "owner" of a "shopping center" as defined in Chap. 95-1/2, Sec. 11-20q of the I11. Rev. Stat., NOW, THEREFOi2E, in consideration of the mutual covenants, conditions and requirements heretofore and hereinafter set out, and, further, in consideration of the benefits herein, both public and private, the City undertakes to control parking on the parking area of MALMGREN in the following respects: 1. That the CITY shall adopt a comprehensive parking policy providing for no parking on the MALMGREN parking area during the following times: (a) Between the hours of 5:30 o'clock P.M. in the afternoon and 8:00 o'clock A.M. in the morning of each day commencing on each Monday through each day thereafter to each succeeding Saturday at 8:00 A.M. in the morning; and, (b) Between the hours of 5:30 o'clock Y.M. in the evening on Saturday until 8:00 o'clock A.M. in the morning of each succeeding Monday thereafter; and, (c) At any time during generally recognized holidays. 2. The CITY, by its Chief of Police or his designated representative, shall make an inspection of the parking area to determine what signs, if any, are necessary for the implementation of the parking policy hereinabove set out. The Chief of Police or his designated representative may suggest to MALMGREN items which the CITY feel are necessary for efficient implementation of said parking policy. 'y 3• Any and all regulatory signs or information signs concerning the parking policy shall be prepared, established and installed at the sole coat and expense of MALMGREN. It is understood by the parties hereto that the CITY shall not install or contract for the installation of any signs or any other items of any nature to implement said parking policy unless the same is accomplished with the prior written consent of both parties hereto. 4. The authorization contained herein under the terms of this agreement, shall be in addition to any other authority of the CITY existing by reason of any Statute of the State of Illinois or Ordinances of said CITY and this agreement shall not be construed to be in lieu of any such other Statute or Ordinance and shall further not be construed to in any way limit such Statute or Ordinance. 5. This agreement shall continue in full force and effect from the date of its signing until terminated by written notice as hereinafter provided. 6. Either party to this agreement may terminate said agreement by giving to the other party written notice of intent to terminate this agreement. For purposes of this paragraph, "written notice" shall mean a written document requesting termination of this agreement, said document to be sent Certified Mail, Return Receipt Requested. This agreement shall terminate on the 30th day following receipt of said written notice of termination. Upon the termination of this agreement, as so provided, this agreement shall become wholly null and void. 7. Upon the ratification of this agreement, either by resolution or by ordinance, MALMGREN, at his own expense shall cause to be recorded a certified copy of this agreement, together with a certified copy of the ordinance or resolution ratifying same, with the Recorder of Deeds for tYe County of Fulton. 8. The CITY acknowledges that neither the execution of this agreement nor any action carried out pursuant to the terms and provisions of this agreement shall constitute a dedication to the CITY of any part of the premises owned by WILLIAM H. MALMGFtFN. g. This agreement shall be in full force and effect upon the ratification of same by a majority vote of the City Council of the City of Canton, Illinois, and upon the fixation of the signature f the Mayor and City Clerk of said City. ~ ~~~ William Malm~r n STATE OF ILLINOIS ) SS. COUNTY OF FULTON. ) I, the undersigned, a Notary Public in and for said County in said State as aforesaid, do hereby certify that WILLIAM H. MALMGREN, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act for the uses and purposes therein set forth.~~ da of 1977 GIVEN under my hand and notarial seal this y , NOTARY PUBLI ~ ~ ~ i • •. ~ 1 The foregoing agreement was ratified by a majority vote of the City Council of the City of Canton, Illinois, on the c,3 t~ day of ~'lc. L , 1977, at a regular meeting of said Council. Pursuant to said ratification vote, HARLAN E. CROUCH, Mayor of the City of Canton, has affixed his signature hereto. ATTEST: ~~ HARLAN E. CROUCH, Mayor. ~~ ~. .----' NANCY TES, City Clerk STATE OF ILLINOIS, ) SS. COUNTY OF FULTON.. ) I, the undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that HARLAN E. CROUCH, personally known to me to be the Mayor of the City of Canton, Illinois, a Municipal Corporation, and NANCY WHITES, personally known to me to be the City Clerk of the City of Canton, Illinois, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed, sealed and delivered said instrument as the Mayor and City Clerk of said City and caused the seal of the City of Canton to be affixed thereto, pursuant to the authority given by the City Council of the City of Canton, Illinois, as their free and voluntary act and as the free and voluntary act of said City, for the uses and purposes therein set forth.,r~. GIVEN under my hand and Notarial seal this c/ ~ day of ~ , 1977. ~~~e NOTARY PUBLIC