HomeMy WebLinkAboutOrdinance #4513 - Acquisition of 125 S. Avenue G STATE OF ILLINOIS)
) SS.
COUNTY OF FULTON)
CERTIFICATE
I, Andi Smith-Walters, certify that I am the duly elected City Clerk of
the CITY OF CANTON, FULTON COUNTY, ILLINOIS.
I further certify that on November 4. 2025, the City Council of such
municipality passed and approved Ordinance #4513 entitled:
AN ORDINANCE AUTHORIZING ACQUISITION OF 125 S. AVENUE G,
CANTON, IL 61520 BY THE CITY OF CANTON
The ordinance attached is a true and correct copy of the ordinance adopted by Canton
City Council.
DATED AT CANTON, ILLINOIS, THIS 4th DAY OF NOVEMBER, 2025
Seal
di Smith-Walters, City Clerk
ity of Canton, Illinois
ORDINANCE NO. 4513
AN ORDINANCE AUTHORIZING ACQUISITION OF 125 S. AVENUE G,
CANTON, IL 61520 BY THE CITY OF CANTON
WHEREAS, the City of Canton (the "City") has the authority to promote the health,
safety,and welfare of the City and its citizens and to encourage development,job creation,
and/or the full utilization of real estate; and
WHEREAS, pursuant to 65 ILCS 5/8-1-2, the City has the authority to appropriate
money for corporate purposes only and provide for payment of debts and expenses of the
corporation; and
WHEREAS, certain property purportedly owned by Michael Ray Elwell (the
"Owner")with a common address of 125 S. Avenue G., Canton, Illinois 61520 and legally
described in "Exhibit A" attached hereto (PIN 09-08-28-410-001) (the "Property") is
located within the corporate territorial limits of the City; and
WHEREAS, the Property is currently unoccupied and the City has deemed the
buildings located thereon dangerous and unsafe in accordance with the City's Municipal
Code and Illinois law, and the Owner wishes to transfer title of the Property to the City for
demolition purposes, provided the City acquires title for the Property in return for paying
all real estate closing and recording fees necessary to transfer title of the Property without
additional obligation of the City to further compensate the Owner; and
WHEREAS, the City Council and Mayor of the City deem it in the best interests of
the residents of the City to accept the gift of the Property to be used for public purposes,
subject to the City conducting appropriate due diligence in relation to the Property,
including but not limited to having title work and environmental inspections conducted;
and
WHEREAS, Section 11-61-3 of the Illinois Municipal Code (65 ILCS 5/11-61-3)
provides, in part: "[t]he corporate authorities of each municipality having a population of
less than 1,000,000 inhabitants shall have the express power to purchase or lease either real
estate or personal property for public purposes through contracts which provide for the
consideration for such purchase or lease to be paid through installments to be made at stated
intervals during a certain period of time, but, in no case, shall such contracts provide for
the consideration to be paid during a period of time in excess of 20 years[]";
WHEREAS,pursuant to the provisions of Section 11-61-1.5 of the Illinois Municipal
Code(65 ILCS 5/11-61-1.5),"[e]very municipality has the power to acquire by gift,legacy,
or grant any real estate or personal property,or rights therein,for purposes authorized under
this Code as its governing body may deem proper, whether the land or personal property
is located within or outside the municipal boundaries[]"; and
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WHEREAS,the Owner has agreed to gift the Property to the City, subject to the City
being responsible for any and all closing costs and recording fees relating to the transfer of
title of the Property; and
WHEREAS,the City will incur reasonable closing expenses, including but not limited
to title insurance premiums, other related closing expenses, and environmental inspection
expenses to acquire the Property for the City,and funds are presently and shall be available
in the future for the acquisition and demolition of the Property.
NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Canton,
Fulton County and State of Illinois, as follows:
1. The foregoing recitals are incorporated herein as findings of the City Council of the
City of Canton.
2. The City Council and Mayor of the City of Canton hereby determine that it is advisable,
necessary, and in the best interests of the City to acquire the Property by gift, subject
to the City's satisfaction of its due diligence review related to the Property, including
but not limited to conducting title work and environmental inspections.Upon the City's
satisfactory completion of its due diligence review, the Mayor is hereby authorized to
accept a deed transferring the Property to the City.
3. Upon the City's satisfactory completion of its due diligence review of the Property,the
Mayor is hereby authorized to take all necessary actions and to execute any documents
necessary to accomplish the acquisition of the Property by gift and to pay reasonable
and necessary closing expenses and due diligence expenses, including but not limited
to title work and environmental inspections. The City Treasurer is hereby authorized to
issue any necessary payments to accomplish the foregoing.
4. This Ordinance shall be in full force and effect from and after its passage, approval,
and publication in the manner provided by law.
Passed this 4th day of November, 2025.
AYES: Alderpersons Chamberlin, Lovell, Hale, Pickel, Ketcham, Gossett
NAYS: None
ABSENT: Alderpersons Grimm Nelson
ABSTAIN: None
APPROVED:
Kent cDowel , yor
F
T:Z ell
erk
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EXHIBIT A
Lots 10, 11, and 12 in Block 1 in Babcock's Quality Hill Second Addition to the City of
Canton; situated in the County of Fulton and State of Illinois.
PIN: 09-08-28-410-001
Property Address: 125 S. Avenue G, Canton, IL 61520
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