HomeMy WebLinkAboutOrdinance # 1949ORDINANCE NO. 1949
AN ORDINANCE PROVIDING WATER SERVICE TO PROPERTY LYING OUTSIDE
THE CITY'S CORPORATE LIMITS WITHOUT REQUIRING AN ANNEXATION
AGREEMENT, PURSUANT TO SECTION 8-20-2 OF THE CANTON MUNICIPAL
CODE
WHEREAS, there exists outside the City's corporate limits property commonly known
as the "Greenlion" property, 23133 E. Co. Hwy.6, Canton, Illinois and legally known as:
SEE EXHIBIT A
WHEREAS, in September, 2008, the lessee of the aforementioned property, Anderson
Grain Elevator, sought to receive water services from the City of Canton; and
WHEREAS, Anderson Grain Elevator indicated that water usage is not required for any
commercial use other than usage incidental to an office; and
WHEREAS, Section 8-20-1 (Condition Precedent to Receiving City Water/Sewer) of
the Canton Municipal Code states as follows:
Any person desiring city water and/or sewer service to property lying outside the
city's corporate limits must:
(A) If the property is contiguous to the city's corporate limits, annex the subject
property into the city as a condition precedent to receiving such water and/or
sewer service.
(B) If the property is not contiguous to the city's corporate limits, as a condition
precedent to receiving either water and/or sewer service, enter into a legally valid
and binding preannexation agreement. Such agreement shall in all instances be in
form and substance satisfactory to the city attorney and shall, as a minimum,
contain the following provisions:
1. A complete and accurate legal description of the property which is the subject
of the agreement.
2. The common or street address of the subject property.
3. A declaration that water or sewer service, or, both, are to be provided.
4. A declaration that the owner(s) of record, at their sole expense, will within
sixty (60) days of becoming contiguous to the city petition the city for voluntary
annexation into the city and rezoning.
5. A declaration that such agreement is binding upon the present owners and all
future owners; that such agreement shall constitute a covenant in perpetuity
running with the land; and, that the city's original of said agreement shall be filed
by the city with the Fulton County recorder and that such filing fee shall be paid
by the city and added to the first sewer or water bill as a on time special charge.
(C) The entirety of the subject property shall be annexed into the city, or, made
the subject of the preannexation agreement, as applicable. Property shall not be
divided or subdivided with less than the whole being annexed or made the subject
of apre-annexation agreement in order to receive city water or sewer services.
The sole exception shall be tracts in excess of twenty(20) acres in size which are
actually utilized as a grain farm and/or livestock farm; as to such farm ground, the
site of the dwelling house and dwelling house outbuildings may be annexed into
the city or made the subject of a preannexation agreement. The permitted division
of such property, shall be drawn in such a manner that the tract to be annexed or
made the subject of a preannexation agreement clearly conforms to all applicable
requirements of State law, and local ordinance. (Ord. 1269, 12-5-1989)
WHEREAS, the aforementioned property is not contiguous to the city's corporate limits;
and
WHEREAS, there is an existing water main located adjacent and contiguous to the real
estate that is capable of providing water service; and,
WHEREAS, said water main belongs to and is filled with water owned and furnished by
the City of Canton; and,
WHEREAS, Section 8-20-2 of the Canton Municipal Code states:
In extraordinary situations so declared by the city council, the council may by a
majority vote of the corporate authorities, deviate from the foregoing subsection
8-20-1(C) of this chapter by requiring that all of a given tract of real property be
annexed into the city, or, be made the subject of a requisite preannexation
agreement. (Ord. 1269, 12-5-1989)
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, based on the minimal usage, the Public Works, Water and Sewer
Committee determined that it is in the best interest of the citizens of canton to declare this an
extraordinary situation that allows deviation from requiring an annexation agreement, but that
the user should be charged "double" rates per Section 8-10-5(c)(3); and
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WHEREAS, the City Council has determined the same.
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. That this is an extraordinary situation that allows for deviation from an annexation
agreement.
3. That the landowner or their lessee may establish a water account with the City of Canton
water department.
4. That the rates will be in accordance with Section 8-10-5(c)(3) of the Canton Municipal
Code.
5. Any use other than incidental to an office may, at the Council's election, cause this
Ordinance to be null and void.
6. 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 ?lday of October 2008.
/ APPROVED:
Kevin R. Meade, MAYOR
ATTEST:
h ~ ~ ~~
Nancy S. ites, CITY CLERK
AYES: Aldermen Schenck, Berardi, Sarff, [Test, Nidiffer, Il~.es, Strandberg.
NAYS: None.
ABSENT: Alderman Lewis .
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E~iHIBIT A
Parcel 1-A -13.775 Acre Tract
A part of the Southwest Quarter of Section 13, Township 6 North, Range 4 East of the
Fourth Principal Meridian, Fulton County, Illinois, more particularly described as follows
and bearings refer to Cilco Duck Creek boundary map, recorded in Slide 15, Fulton
Comity Recorder's Office:
Commencing at the Northwest corner of said South«~est Quarter of Section l3; thence
along the north line of said South«~est Quarter bearing North 89 degrees 03 minutes 25
seconds East, a distance of 1536.32 feet to the Point of Beginning of the parcel to be
described:
From said Point of Beginnng; thence continuing along said North like bearing Norlli 89
degrees 03 minutes 25 seconds East, a distance of 404.52 feet; thence bearing Sout1100
degrees 00 minutes 00 seconds West, a distance of 951.92 feet to an iron rod; thence
bearing South 75 degrees 30 minutes 29 seconds West, a distance of 638.14 feet to an
iron rod; thence bearing I~rorth 32 degrees 26 minutes ZG seconds West, a distance of
374.59 feet to a~i iron rod; thence bearing South 90 degrees 00 minutes 00 seconds West,
a distance of 334.11 feet; thence beariig North 00 degrees 00 minutes 00 seconds East, a
distance of 124.49 feet; thence bearing Nortli 90 degrees 00 minutes 00 seconds East, a
distance of 276.38 feet; thence bearing South 45 degrees 00 minutes 00 seconds East, a
distance of 22.63 feet; thence bearing North 90 degrees 00 muiutes 00 seconds East, a
distance of 171.20 feet; thence 26.27 feet along a curve to the left:, whose radius is 78.51
feet and whose chord bears North 78 degrees 36 minutes 13 seconds East, a distance of
26.1.5 feet; thence beating I~TOrth 66 degrees 18 minutes 17 seconds East, a distance of
283.07 feet; thence bearing North 00 degrees. 00 minutes 00 seconds West, a distance of
561.40 feet to the Point of Beginning; containing 13.775 acres, more or less.
Excepting therefi•onl, and specifically reserved by Landlord, the West 140 Ceet of the
North 425 feet of said parcel (nulniig along Coturty Highway 6), and the East 175 feet of
the North 425 feet of said parcel (also running along County Highway 6), and the use of
all underground utilities and ch•ainage Lines running across the leased parcel.
Subject to the rights, if any, of the public for roadway purposes along the North side of
the above described parcel.
~~~ ~y~-Iy-1.~-3~0 ~- ~~o
Parcel 2-A - 0.539 Acre Tract
A part of t1Te Southwest Quarter of Section 13, Tov~~nship 6 I~fortll, Range 4 East of the
Fourth Principal Meridian, Fulton County, Illinois more particularly described as follows:
Commencing at the Northwest Coiner of said Southwest Quarter, thence North 89°-03'-
25" East (bearings assumed for description purposes only) along the north line of said
Southwest Quarter 1940.84 feet; thence South 0°-00'-00" West 951.92 feet to the Point of
Beginning of the Parcel 2-A to be described:
From the Point of Beginning, thence continuing South 0°-00'-00" West 35.69 feet; thence
South 75°-30'-29" West 616.32 feet; thence North 32°-26'-26" West 39.38 feet; thence
North 75°-30'-29" East 638.14 feet to the Point of Beginning.
Said Parcel 2-A contains 0.539 acres more or less.
Parcel 2-B - 0.870 Acre Tract
A part of the Southwest Quarter of Section 13, Townslup 6 North, Range 4 East of the
Fourth Priicipal Meridian, Fulton County, Illinois luore particularly described as follows:
Commencing at the Northwest Corner of said Southwest Quarter, thence North 89°-03'-
25" East (bearings asswned for description purposes only) along the north line of said
Sotttbwest Quarter 1940.84 feet; thence South 0°-00'-00" West 951.92 feel; thence South
75°-30'-29" West 638.14 feet; thence No~~l~ 32°-26'-26" West 252.21 feet to the Point of
Beginning of the Parcel 2-B to be described:
From the Point of Begimung, thence North 90°-00'-00" West 399.75 feet; thence North
0°-00'-00" West 103.28 feet; thence South 90°-00'-00" )/ast 334.11 feet; thence South
32°-26'-26" East 122.38 feet to the Pont of Begiiuting.
Said Pau•ce12-B contains 0.870 acres more or less