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HomeMy WebLinkAboutOrdinance # 1947ORDINANCE NO. 1947 AN ORDINANCE PURSUANT TO ARTICLE 65 ILLS 5/11-15.1 et. seq. EXPRESSING THE INTENT OF THE CORPORATE AUTHORITIES OF THE CITY OF CANTON, ILLINOIS TO ENTER INTO ANNEXATION AGREEMENTS WITH PROPERTY OWNERS IN THE WESTGATE SUBDIVISION, CANTON, ILLINOIS. WHEREAS, there exists in unincorporated Canton, Illinois territory a subdivision known as Westgate Subdivision; and WHEREAS, as of September 22, 2008, the subdivided lots were owned by the following landowners of record, as reflected in deeds recorded in the Fulton County Recorder's Office: Camman Address PIN Owner Subdivisio n Lot Number 26373 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-006 McAdams, Howard 1 26341 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-004 Eby, William & Karen 2 26317 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-014 Rader, Matt & Sheri 3 26289 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-013 Lindsey, Tim & Amy 4 26285 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-012 Orwig, Tom & Maria 5 26277 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-011 Walters, Harold 6 26270 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-010 Stratton, James 7 26280 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-009 Kimble, Bill & Sara 8 09-08-21-303-008 Kimble, Bill & Sara Davis, Bob 9 26304 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-007 09-08-21-300-003 Davis, Bob 10 26338 N Oakleaf Lane, Canton, IL 61520 09-08-21-300-003 Maupin, Matthew & Gayle; a/k/a Donkin, Matthew & Gayle 11 26354 N Oakleaf Lane, Canton, IL 61520 09-08-21-300-006 Williams, Tom 12 26366 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-004 Eberle, Lan & Jodi 13 26382 N Oakleaf Lane, Canton, IL 61520 09-08-21-303-003 Groves, Anthony & Jacqueline 14 20189 E. Co Hwy 21, Canton, IL 61520 09-08-21-303-002 Goforth, Trent & Chantel 15 09-08-21-303-001 Glad, Anthony & Tamara 16 WHEREAS, there is an existing water main located adjacent and contiguous to the real estate owned by aforementioned landowners that is capable of providing residential water service; and, WHEREAS, said water main belongs to and is filled with water owned and furnished by the City of Canton; and, WHEREAS, the City of Canton has adopted a policy and practice of not extending city services, such as water, to real estate located outside the municipal limits of the City of Canton, Illinois, unless the owner of the real estate in question annexes into the City of Canton; and, WHEREAS, when landowners are not yet contiguous to the City of Canton and, under the Statutes of the State of Illinois, could not annex to the City of Canton in order to obtain said services, the corporate authorities of the City of Canton have entered into annexation agreements with the owners requiring that the land be annexed into the City of Canton in the manner provided by 65 ILLS 5/7 et. seq. when the land becomes contiguous; and WHEREAS, as to water service, the City of Canton's annexation agreement requires the landowners to pay to the City double the amount of prevailing rate inside the City of Canton for water used and consumed by using the standard charge then prevailing for water in the City of Canton, Illinois, and multiplying that prevailing charge per unit of water by two; and, WHEREAS, as to water rates charged to landowners outside the City's municipal limits, there is also in existence Section 8-10-5(c)(3) of the Canton Municipal Code, which states: Outside Users: All users outside the city limits of the city of Canton shall pay two hundred percent (200%) of the operation and maintenance and minimum base rates, except as otherwise provided by the city council. WHEREAS, pursuant to authority given in 65 ILCS 5/1 et. seq., the corporate authorities of the City of Canton entered into annexation agreements affecting the following lots at Westgate Subdivision: Subdivision Date Agreement Document Common Address PIN Lot Number. Recorded Number 26373 N Oakleaf Lane Canton, IL 61520 09-08-21-303-006 1 October 22, 2007 716143 26341 N Oakleaf Lane Canton, IL 61520 09-08-21-303-004 2 April 24, 2007 711736 26317 N Oakleaf Lane Canton, IL 61520 09-08-21-303-014 3 August 22, 2008 822314 26366 N Oakleaf Lane Canton, IL 61520 09-08-21-303-004 13 April 3, 2007 711314 20189 E. Co Hwy 21 Canton, IL 61520 09-08-21-303-002 15 April 21, 2008 819761 WHEREAS, the landowners who executed annexation agreements were allowed to tap the adjacent water main and were furnished water to the real estate for residential purposes; and WHEREAS, for reasons that are unclear to the City, landowners who did not enter into annexation agreements with the City of Canton, were also allowed to tap the adjacent water main and were furnished water to the real estate for residential purposes; and WHEREAS, it was further discovered that all water customers located in the Westgate Subdivision were incorrectly being charged single water rates; and WHEREAS, upon discovering that water service was being provided to landowners who did not execute annexation agreements and that all water customers were being charged the incorrect rate, the City held a public meeting with the landowners of Westgate Subdivision on August 26, 2008; and WHEREAS, based on the public meeting and discussions by the Canton City Council on September 8, 2008 and September 15, 2008, the following was determined: All water customers from the Westgate Subdivision, as of the September 1, 2008, would be charged double water rates. 2. All landowners who were currently receiving water, but had not executed annexation agreements, would not be required to execute annexation agreements. However, when the real estate was transferred or conveyed, in any manner, including process of law, the new landowner will be required to execute an annexation agreement with the City of Canton in order to continue water service. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Canton, Illinois as follows: 1. That the facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. 2. All water customers from the Westgate Subdivision, as of the September 1, 2008, will be charged double water rates pursuant to the language of the City's municipal code and any recorded annexation agreement, if applicable. 3. All landowners of record as of September 22, 008, who currently receive water, but have not executed annexation agreements, will not be required to execute annexation agreements in order to continue water service. 4. As of the effective date of this ordinance, any transfer of the real estate currently receiving water service, even through process of law, will be required to execute an annexation agreement in order to continue with water service. 5. This ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the City of Canton and approved by the Mayor of said City this 2D day of October, 2008. APPROVED: Kevin R. Mead ,MAYOR ATTEST: Nancy S. 'tes, CITY CLERK AYES - Aldermen Schenck, Berardi, Sarff~, West,, Nidiff~e~r, Ihnes, Strandberg. NAYS:- None. ABSENT -Alderman Lewis.