HomeMy WebLinkAboutOrdinance #558 , . ' . r
�„�:n�.r . ;,� Read by Title only 8/17/76 �,; `.
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O R D I N A N C E No, -�-s�
(AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES
(DURING CERTAIN PERIODS) IN THE MUTUAL SAVINGS & LOAN
ASSOCIATION PARKING AREA GENERALLY LOCATED AT THE ADDRESS
OF 801 NORTH MAIN STREET IN THE CITY OF CANTON, ILLINOIS
AND ON THE EAST SIDE OF MAIN STREET BETWEEN BIRCH AND
SYCAMORE STREETS IN SAID CITY. )
WHEREAS, Mutual Savings and Loan Association is an 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, Ill. Rev. Stats. (1975); and,
WHEREAS, said Mutual has contracted with the City of Canton,
Illinois, pursuant to said Sec. 11-209 and, thereby empowered said
City 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 Mutual Savings and Loan Association business
operations generally located at the address of 801 North Main Street in the
City of Canton, Illinois and on the following described realty:
A part of the Northeast Quarter of Section 27, in Township 7
North of the Base Line, Range Four East of the Fourth
Principal Meridian situated in the County of Fulton and State
of Illinois, more particularly described as follows:
Cornrnencing at an iron pin at the Northeast corner of the
intersection of Birch Street and North Main Street, in the
City of Canton, County of Fulton, and State of Illinois, said
pin being located approximately 9-1/2 feet North of the curb
line of Birch Street and 37. 7 feet East of the curb line of
Route 78; thence North 208. 71 feet; thence East 208. 71 feet;
thence South 208. ?1 feet; thence West 208. 71 feet to the point
of beginning, containing approximately 1 acre, more or less,
all being located in the City of Canton, County of Fulton, and
State of Illinois; and,
and which said realty is generally located on the East Side of Main Street and
between Birch and Sycamore Streets in the City of Canton, Illinois.
Section 2. That it shall be unlawful for any person, not
specifically authorized by Mutual Savings and Loan Association, or not
actively utilizing the business facilities of Mutual Savings and Loan
Association to park a motor vehicle at any place in or on said parking
area during the following tiznes:
a. Between the hours of five (5) o'clock P. M. and eight (8) o'clock A. M.
in the rr,orning of each day commencing on each Monday through each day
thereafter to each succeeding Saturday at eight (8) o�clock in the rnorning
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thereof; and
b. Between the hours of twelve (12) o�clock noon on each and
every Saturday until eight (8) o�clock A. M. in the morning of each 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 patronizing or
utilizing the business establishment owned by Mutual Savings and Loan
A ssociation,
Section 4. That the Police Chief of this City shall cause
appropriate signes 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 ..��� , 1976.
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AGREEMENT FOR REGULATION OF PARKING
AND TRAFFIC CONTROL OF MOTOR VEHICLES
THI S AGREEP�ENT, made thi s "� �� _day o f ,��:!�.�_� � � .
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1976, A. D. , by and between MUTUAL SAVINGS & LOAN ASSOCIATION,
hereinafter referred to as MUTUAL, and THE CITY OF CANTON,
ILLINOIS, a Municipal Corporation, hereinafter referred to
as CITY,
WITNESSETH:
WHEREAS, A�UTUAL SAVINGS & LOAP1 ASSOCIATION is the owner
of the following described real estate:
� A part of the Northeast Quarter of 5ection
27, in '1'ownship 7 North of the Base I,ine,
Range Four East of the Fourth Principal Meridian
situated in the County of Fulton and State of
Illinois , more particularly described as follows :
Commencing at an iron pin at the Northeast corner
of the intersection of Birch Street and North Main
Street, in the City of Canton, County of Fulton,
and State of Illinois , said pin being located approx-
irnately 9-1/2 feet North of the curb line
of Birch Street and 37. 7 feet East of the curb
line of �toute 78; thence North 2�J8. 71 feet;
thence East 208. 71 feet; thence South 208. 71 feet;
thence West 2�J8 . 71 feet to the point of beginning,
containing approximately 1 acre, more or le,s,
all being located in the City of Canton, County
of Fulton, and State of Illinois;
and,
WHEREAS, MUTUAL operates a savings and loan business
from a building located on said premis�s , together with a
contiguous and adjacent private parking lot for the use of
its customers upon said premises; and
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WHEREAS, said premises , business establishment and
parking area hereinabove described is wholly located �rithin
the corporate limits of the CITY: and
WHEREAS, MUTUAL is the "owner" of a "shopping center"
as defined in Chap. 95-1/2 , Sec. 11-209 of the I11. Rev.
Stat. ,
NOW, THEREFORE, 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 MUTUAL in the following
respects:
l. That the CITY shall adopt a comprehensive parking
policy providing for no parking on the MUTUAL parking area
during the following times:
(a) Between the hours of five (5) o' clock P.M. 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 in the morning thereof; and
(b) Between the hours of twelve (12) o' clock noon on
Saturday until eight (8) o' clock A.M. in the morning of each
Monday thereafter succeeding; and
(c) At any time during generally recognized holidays.
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2. The CITY, by its Chief of Police or his designated
representative, shall make an inspection of the parking area
of MUTUAL with the President of N:UTUAL to determine what
signs, if any, are necessary for the implementation of the
parking policy hereinabove adopted by MUTUAL. The Chief of
Police or his designated representative may suggest to
MUTUAL items which the CITY feels are necessary to the
efficient implementation of said parking policy.
3. Any and all regulatory signs or information signs
concerning MUTUAL' S parking policy shall be prepared, established
and installed at the sole cost and expense of MUTUAL. 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 t�rminated by written notice as
hereinafter provided.
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6. Either party t� this ac�re�ment may terminate said
agreement by giving ta +�he other party written notice of
intent to terminate this agreement. For �urposes 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, MUTUAL, at its own expense,
shall cause ta be recorded a certified copy of this agreemFnt,
together with a certified copy of the ordinance or resolt�'c:ion
ratifying same, with the Recorder of Deeds for the 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 agreemen�t shall constitute a
dedication to the CITY of any part of the premises owned by
MUTUAL.
9. This agreement shall be in full force and effect
upon the ratification of same by a majority vote of the City
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Council of the City of Canton, Illinois, and ��pon the
fixation of the signature of the Mayor and Ci-ty Clerk of
said City.
MUTUAL ��V�NGS & LOAN ASS.00IATION,
By '1...-,:��;�i„�;�`2'�',(�-., ���r�.�r'�'1'T.11.�'-�2.`'"
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State of Illinois , ) y� `�� > � �'
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County of Fulton. )
I , the undersigned, a Notary Public in and for �aid'
County in said State as aforesaid, do her�by certify that
CHESTER J. CLAUDON and JACK BEALF, personally known to me to
he the President and Secretary of MUTUAL SAVINGS & LOAN
ASSOCIATION 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 acknowledged that
they signed, sealed and delivered said instrument as the
President and Secretary of AiUTUAL SAVINGS & LOAN ASSOCIATION,
pursuant to a valid resolution adopted by said corporation,
and have caused the seal of P�.UTUAL SAVINGS & LOAN ASSOCIATION
to become permanently a�fixe,d thereto as the free and voluntary
act of MUTUAL SAVINGS & LOAN ASSOCIATION, .for the uses and
purposes therein set forth.
G EN under my hand and notarial seal -this �7� c3�y
of � , 1976.
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THE CITY OF CANTON, ILLINOIS, a Municipal Corporation
The foregoing agreement was ratified by a majority vote
of the City Council of the City of Canton, Illinois, on
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the ��day of �' �, 1976, at a regular meeting
of said Council. Pursuant to said ratification vote, ROBERT
JENNINGS, Mayor of the City of Canton, has affixed his
signature hereto.
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ROI3ERT JEN .I�1 S, Mayor
ATTEST:
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NELLIE CRAIn1FORD, C ty Clerk
State of Illinoi;�, )
) ss.
County of Fulton. )
I, the undersigned, a rlotary Public in and for said
County in the State as aforesaid, do hereby certify that
ROBERT JENNINGS, personally known to me to be the Mayor of
the City of Canton, Illinois, a Municipal Corporation, and
NELLIE CRAWFORD, 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
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foregoing instrument, anpeared befor_e 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.
GIVEN under my hand and Notarial seal this_�� day
Q�.;: ,,� , 1976.
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