HomeMy WebLinkAboutOrdinance #561 . j - � . � PAC� ��� . . ���
. Read by Title 8/17/76 � .
' 9/7/76 Hold for Legal opinion i
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0 R D I N A N C E �r�=�� No . _s ;,;��
(AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES (DURING
CERTAIN PERIODS) UPON THE FULTON COUNTY ASSOCIATION FOR THE
HANDICAPPED TNC. PARKING AREA, GENERALLY LOCATED AT THE ADDRESS
OF 500 NORTH MAIN STREET IN THE CITY OF CANTON, ILLINOIS ON THE
WEST STDE OF MAIN STREET BETWEEN OLIVE AND VTNE STREETS IN
SAID CTTY. )
WHEREAS, Fulton County Association for the Handicapped
Inc. is a 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 , 952 , Sec. 11-209 , I11 . Rev.
Stats . (1975) ; and,
WHEREAS , said Fulton County Association for the Handicapped
Inc. 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 of 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 and unloading merchandise or
passengers ,
b. "Parking area" : Means that area provided for the use
of motor vehicles in connection with the businesses of Fulton
County Association for the Handicapped Tnc . , the Fulton County
Health Department and the Chicken and the Sea restaurant , said
facilities being generally located at the address of S00 N. Main
Street in the City of Canton, Illinois on the following described
realty:
Tract T
Lots 1 and 2 in Block 1 in Smith � Johnson' s Addition
to the City of Canton, Fulton County, I1linois aka
500-502 N. Main Street and 1-65 W. Olive Street in
the City of Canton, Illinois
Tract II
A part of the Northeast Quarter of Section 27 , Town-
ship 7 North, Range 4 East of the Fourth Principal
Meridian, Canton , Fulton County, Illinois described
as follows :
Commencing at the Northwest corner of Lot #2 ,
Block #1 in Smith � Johnson' s Addition to the City
of Canton, in said c{uarter, running thence North
63 feet , thence East 146 feet , thence South 63 feet ,
and thence West to the place of beginning, 146 feet ;
also known as Lot #3, Block #4 in JOSEPH ZWISLER' S
ADDITION to Canton, Illinois
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Tract III
56 feet off the West end of Lots 4 and 5 in Block 4
in JOSEPH ZWISLER' S ADDITION to the City of Canton,
Fulton County, Illinois , commencing at the Northwest
corner of Lot 4 , thence South 1732 feet , thence East
56 feet , thence North 1732 feet , thence West to the
point of beginning.
and which said realty is generally located on the West side of
Main Street and between Olive and Vine Streets in the City of
Canton, Illinois .
Section 2 . That it shall be unlawful for any person,
not specifically authorized by agents of or representatives
of the said Fulton County Association for the Handicapped Inc . ,
the Fulton Caunty Health Department or the Chicken and the Sea
restaurant , or not actively utilizing the facilities of said parties ,
to park a motor vehicle at any place in or on the parking area,
here�n contemplated, during the following times :
a. Between the hours of six (6) o ' clock in the
evening and eight (8) o ' clock A.M, in the morning of each day
commencing on each Monday through each day thereafter to each
succeeding Sunday at eight (8) o ' clock A.M.
b . Between the hours of eight (8) o ' clock A.M, on
Sunday morning until eight (8) o ' clock A.M, in the morning
of each Monday thereafter succeeding; 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 facilities of
Fulton County Association for the Handicapped Inc. , Fulton County
Health Department and Chicken and the Sea restaurant.
Section 4. That the Police Chief of this City shall
cause appropriate signs to be posted informing persons o£ this
ordinance.
Section S . 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 iaw.
PASSED BY THE City Council of the City of Canton,
Illinois a pproved by the Mayor thereof this �/�_ day of
.s , 1976 .
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APPROVE�D;:�[AY � � ��
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ATTEST: �6,���� —_-�
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Voting "AYE" on the passage oF this Ordi.nance: Aldermen Conrad, �erbic,
Spencer, Peak, Cook, Edwards, Horr, Sel�ich, Hurst, Farr, and Rupe.
Voting "NAY" None.
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AGREEMENT FOR REGULATION OF PARKING
AND TRAFFIC CONTROL OF MOTOR VEHICLES
THIS AGREEMENT, made this -�� day of _
�
1976 , A. D. , by and between Fulton County Association for the
Handicapped Inc. , hereinafter referred to as Fulton County
Association, and The City of Canton, Illinois , a Municipal Corpora-
tion, hereinafter referred to as City,
WITNESSETH:
WHEREAS, Fulton County Association is the owner of the
following described real estate :
Tract I
Lots 1 and 2 in Block 1 in Smith � Johnson' s Addition
to the City of Canton, Fulton County, Illinois aka
500- 502 N. Main Street and 1-65 W. Olive Street in
the City of Canton, Illinois
Tract II
A part of the Northeast Quarter of Section 27 , Town-
ship 7 North, Range 4 East of the Fourth Principal
Meridian, Canton, Fulton County, Illinois described
as follows :
Commencing at the Northwest corner of Lot #2 ,
Block #1 in Smith � Johnson's Addition to the City
of Canton, in said quarter, running thence North
63 feet, thence East 146 feet , thence South 63 feet ,
and thence West to the place of beginning, 146 feet ;
also known as Lot #3, Block #4 in JOSEPH ZWISLER' S
ADDTTION to Canton, Illinois
Tract III
56 feet off the West end of Lots 4 and S in Block 4
in JOSEPH ZWISLER' S ADDITION to the City of Canton,
Fulton County, Illinois , commen¢ing at the Northwest
corner of Lot 4 , thence South 173z feet , thence East
56 feet , thence North 1731z feet , thence West to the
poi.nt of beginning.
and,
WHEREAS Fi�lton County Association operates a business and
leases offices from a building located on said premises to,. the
Fulton�'Co.iin'ty I�eal�th:� D�partmen� and leas�e �$rking' spae� �o��th� .
Chicken and the 5ea restaurant ,
WHEREAS , said premises , business establishements and parking
. , ,•
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area hereinabove described is wholly located within the
corporate limits of the City : and
WHEREAS, Fulton County Association is the "owner" of a
"shopping center" as defined in Chap. 952 , 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 of the benefits herein, both public and
private , the City undertakes to control parking on the parking
area of Fulton County Association in the following respects :
1. That the City shall adopt a comprehensive parking
policy providing for no parking on the Fulton County Association
parking area during the following times :
(a) Between the hours of six (6) 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 Sunday at
eight (8) o' clock in the morning thereof; and
(b) Between the hours of eight (8) o ' clock A.M, on Sunday
morning until eight (8) o ' clock A.M, in the morning of each
Monday thereafter succeeding; 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 of
Fulton County Association with the president of Fulton County
Association to determine what signs , if any, are necessary for the
implementation of the parking policy hereinabove adopted by
Fulton County Association. The Chief of Police or his designated
representative may suggest to Fulton County Association items
which the City feels are necessary to the efficient implementation
of said parking policy.
3. Any and all regulatory signs or information signs
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concerning Fulton County Association parking policy sha11 be prepared,
established and installed at the sole cost and expense of Fulton
County Association. 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 �ature to implemt�nt 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.
S . 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 agree-
ment shall become wholly null and void.
7. Upon the ratification af this agreement , either by
resolution or by ordinance , Fulton County Association, its own
expense , shall cause to be recorded a certified copy of this
agreement , together with a certified copy of the ordinance or
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resolution 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 agreement shall constitute a dedication to the
City of any part of the premises owned by Fulton County
Association.
9. This agreement shall be in full force and effect upon the
rati£ication 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.
FULTON COUNTY ASSOCIATION FOR THE
HANDICAPPED INC.
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By 1:�,��,4-�'e..�_.�.,Q.,.� /'j�.
President
ATTEST :
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Secretary
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STATE OF ILLINOIS )
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COUNTY OF FULTON )
I , the undersigned, a notary public in and for said County
in said State as aforesaid, do hereby certify that Lorraine Farr
and Wanda Black, personally known to me to the the President
and Secretary of Fulton County Association for the Handicapped
Inc. , and p�rsonally 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
Fulton County Association for the Handicapped Inc . , pursuant
to a valid resolution adopted by said corporation, and have caused
the seal of Fulton County Association for the Handicapped Inc.
to become permanently affixed thereto as the free and voluntary
act of Fulton County Association for the Handicapped Inc. ,
flr the uses and purposes therein set forth.
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,Gx��N under my hand and notarial seal this ��i2�day of
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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 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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STATE OF ILLINOIS ) � :',, ..: . „
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COUNTY OF FULTON ) . .
T , the undersigned, a Notary 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 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 C1erk 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 of
,
-t , 1976 . , , `,,
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