The URL can be used to link to this page

Home My WebLink AboutOrdinance #557� �> ` = °�� , 8/3/76 Read by Title onl� , < . _ � . �� 7� . • . . ' . _ • ` O R D I N A N C �i';` ` No. .S",.S" ,,— (AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES (DURING C�RTAIN PERIODS) IN THE AREA GENERALLY KNOWN AS THE GOODYEAR STORE PARKING AREA, GENERALLY LOCATED AT THE ADDRESS OF 230 NORTH MAIN IN THE CITY OF CANTON, ILLINOIS AND ON THE WEST SIDE OF MAIN STREET BETWEEN LOCUST AND SPRUCE STREETS IN SAID CITY. ) WHEREAS, Willia.m L. Baker is the owner of a "Shopping Center" which controls the parking area located within the corporation�s limit within the corporate li.mits of the City of Canton, Illinois, as conte.mplated by Chap. 95 1/2, Sec. 11-209, Ill. Rev. Stats. (1975); and, WHEREAS, the said William L. Baker 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 auto.mobiles 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 te.mporarily 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 retail business establishments known as the Goodyear Store and Bowman►s Shoe Store, said premises being generally located at the address of 230 North Main Street in the City of Canton, Illinois on the following described realty: A part of Lot Nu.mber Eighty-two (88) in the original town of Canton, Fulton County, Illinois, described as follows: Com.mencing at the Southeast corner of said lot, running thence North to the Northeast corner of said lot, thence West 143 feet, thence South to the South line of said lot and thence East 143 feet to the place of beginning, also A part of lot Eighty-two (82) in the original town of Canton, described as follows: 38-1/2 feet off of the West end of lot Eighty-two (8 2) als o A part of lot Eighty-seven (87) in the original town of Canton, described as follows: Commencing at the Northeast corner of Lot Eighty-seven (87), thence running South 25 feet to a point, thence West 93. 5 feet to a point, thence South 1-3/4 feet, thence West 88 feet, thence North 26-3/4 feet, thence East 181-1/2 feet to the place of beginning. All of the property . subject to the restrictions, covenants, conditions of records situated in the City of Canton, County of Fulton, State of Illinois. �� , � � and which said realty is generally located on the West Side of Main Street . between Locust and Spruce Streets in the City of Canton, Illinois. Section 2. That it shall be unlawful for any person, not specifically authorized by the said Willia.m L. Baker, or not actively utilizing or patronizing the retail facilities of the Goodyear Store or Bowman�s Shoe Store, to park a motor vehicle at any place in or on the parking area herein conte.mplated 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 eaba 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 ti.me 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 retail store facilities of the Goodyear Store or Bowman�s Shoe Store. 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 1 �� day of , 1976. �� , � A PPROVED:4. �' MA YOR �� _ ,�/ � A TT EST: �--�z...2 ( r- = -��' �'`L� CITY CLERK RETURN TO; Nellie Crawford, City Clerk, 210 E, Chestnut, Canton, Illinois 61520 5-� �F�-�±�r�� 3� �-�r /976 /0.�3/ f! •/ 8aG g9'a /'� �� - ��{y/� {�9� k""�C:� . . . r._,,: . �v;,.r,:A>•'}�.� �� #� y . ^ _ � �. .�y Px . .,.. ,.... : � .� . ' ` ' . AGREEMENT FOR REGULATION OF PARKING � ��-,,� AND TRAFFIC CONTROL OF MOTOR VEHICLES THIS AGREEMENT, made this / / `ti(,day of ��c-�..� , -�-f-- 1976 , A. D. , by and between WILLIAM L. BAKER, hereinaf er referred to as BAKER, and THE CITY OF CANTON, ILLINOIS, a Municipal Corporation, hereinafter referred to as CITY, WITNESSETH: WHEREAS, BAKER is the owner of a building and contiguous parking area which serves as a method of ingress and egress to BAKER' S tenant, GOODYEAR TIRE & RUBBER CO. , said premises being described as follows: A part of Lot Number Eighty-two (82) in the Original Town of Canton, Fulton County Illinois, described as follows: Commencing at the Southeast corner of said lot, running thence North to the Northeast corner of said lot, thence West 143 feet, thence South to the South line of said lot and thence East 143 feet to the place of beginning; Also, a part of Lot Eighty-two (82) in the Original Town of Canton, described as follows : 38-1/2 feet off of the West end of Lot Eighty-two (82) ; Also, a part of Lot Eighty-seven (87) in the Original Town of Canton, described as follows : Commencing at the Northeast corner of Lot Eighty-seven (87) , thence running South 25 feet to a point, thence West 93. 5 feet to a point, thence South 1-3/4 feet, thence West 88 feet, thence North 26-3/4 feet, thence East 181-1/2 feet to the place of beginning. All of the foregoing property subject to the restrictions, covenants , conditions of records, situated in the City of Canton, County of Fulton and State of Illinois. -1- � � �`�� and, WHEREAS, the owner allows parking upon said premises for the BOWMAN SHOE COMPANY which operates a retail establishment directly adjacent to the GOODYEAR building; and WHEREAS, said premises, business establishments and parking area hereinabove described is wholly located within the corporate limits of the CITY: and WHEREAS, BAKER is the "owner" of a "shopping center" as defined in Chap. 95-1/2, Sec. 11-209 of the Ill. Rev. Stat. , NOW, THEREFORE, in consideration of the mutual covenants, conditions and requirements heretofore and hereinafter set out, and, further, in consideration af the benefits herein, both public and private, the City undertakes to control parking on the parking area of BAKER in the following respects : 1. That the CITY shall adopt a comprehensive parking policy providing for no parking on the BAKER 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 P.M. in the evening on Saturday until 8 :00 o' clock A.M. in the morning of each succeeding Monday thereafter; and -2- (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 BAKER items which the CITY feel are necessary for efficient implementation of said parking policy. 3. Any and all regulatory signs or information signs concerning the parking policy shall be prepared, established and installed at the sole cost and expense of BAKER. 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. -3- �� , . �� V • . 5. 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. 6. This agreement shall continue in full force and effect from the date of its signing until terminated by written notice as hereinafter provided. 7. 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. �. Upon the ratification of this agreement, either by resolution or by ordinance, BAF:ER, at his own �xpense, 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 the County of Fulton. -4- 9. 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 LUMCO. 10. This agreement shall be in full force and effec•t 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 of the Mayor and City Clerk of said City. � � �.. _._. � ,� �� • \..' ,�+' ,.�.. WILLIAM L. BAKER State of Illinois, ) County of Fulton. ) � I, the undersigned, a Notary Public in and for said County in said State as aforesaid, do hereby certify that WILLIAM L. BAKE12, personally 3:nown to me to beb 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. �� ,t' � . , GIVEN under my hand and notarial seal this ��t�¢� + � ,�� `� �� of c'�L-�.�_:�,,�....�..�` , 19 7 6 . �'`a� �"�,� '�, � < r - " ��s� o �: nt� �, ..� r` ,_ ;�. �, �� .��''", _ _, , ��,. �w-�, �� .� ,,, 1�lotary Public ' �� r -5- �� hie d4oument was prepared b� the law offices o� CI,AUDON, ELSON & LLOYD 121 West Elm Street Ce.nton� Illinoia • : • .' . �� _ . THE CITY OF CANTON, ILLIi�10IS, a Municipal Corporation The foregoing agreement was ratified by a majority vote of the City Council of the City of Canton, Illinois, on the �7`�`day of , 1976, at a regular meeting of said Council. Pursu nt to said ratification vote, ROBERT JENNINGS, Mayor of the City of Canton, has affixed his signature hereto. � , ;-' � "(�� -�/ �.._ ` .��.,./,-� `--� �. ROBERT JE�TNTNGS, Mayor ATTEST: �� NELLIE CRAWFORD, City Clerk State of I1linois, ) ) ss. County Of Fulton. ) I , the undersigned, a Notary Public in and for said County in the State as aforesaid, do hereby certify that ROBERT J^NPJINGS, personally known to me to be the Mayor of the City of C�nton, Illinois, a Municipal Corporation, and NELLIE C�2AWFORD, personally known to me to be the City Clerk of the City of Canton, Illinois, ancl personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person -6- l ,` i • , and severally acicnowledged that they signed, sealed and delivered said instrument as the N!ayor and City Clerk of said City and caused the seal of the City of Canton to be affixc?d 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. GIVEN under my hand and Notarial seal this / F' � day ;ra£ � , 1976. ,-� —��— . . . , �-.--- �.�.�..:�. � , Notary Public RETURN TO: Nellie Crawford, City Clerk, 210 E. Chestnut, Canton, Illinois 61520 �D ' 76�- ��t�� o� �� o.�� , ��G�. �6 -�- � ,9'1�3 ,�.... �� ,�� r',:,.,::�'