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HomeMy WebLinkAboutOrdinance #1269. .. !' u.r. ORDINANCE N0. 1269 AN CRD I NANCE CCU I FY I N3 THE POL 1 CY OF THE C I TY OF CAIYfON RELAT I IBC TO THE PRCN I D 1 ~ OF C I TY WATER AID SEVYER SERVICE TO PFmPERTY LY I ~ OUTSIDE OF THE OORPORATE LIMITS. Vi1-~REAS, the Public Works, V"Dater and Sewer Committee has determined that it is necessary and in the best interest of the City of Canton that the City's long-standing policy relating to the provisions of water and sewer services to property lying outside the corporate limits be codified; and, H~1-~RFAS, the Canton City Counci I has made a similar determination. M7W, ll-EREFCRE, BE IT OROIAINED BY THE CITY OCINCIL OF THE CITY OF CAIYTgV, Fulton County, Illinois, as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That Title 8 of the Canton Municipal Code is hereby amended by adding thereto Chapter 20 to read as follows: "Gt-IAPTER 20 ANt~XATIONS - SEWER ADD WATER SERVICE 1 • i 8-20-1: ANNEXATIONS - SEWER AND WATER SERVICE: 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 pre-annexation 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. 2 4. A declaration that the owner(s) of record, at their sole expense, will within sixty (60) days of becoming contiguous to the City of Canton, petition the City of Canton 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 one-tune special charge. C. The entirety of the subject property shall be annexed into the City, or, made the subject of the pre-annexation agreement, as applicable. Property shall not be divided or subdivided with less than the whole being annexed or rnade the subject of a pre-annexation agreement in order to receive City water or sewer services. The sole exception shall be tracts in excess of 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 pre-annexation agreement. The 3 permitted division of such property shall be drawn in such a manner that the tract to be annexed or made the subject of a pre-annexation agreement clearly conforms to all applicable requirements of state law, and local ordinance. 8-20-2: EXCEPTIONS - VOTE: In extraordinary situations so declared by the Canton City Council, the Council may by a majority vote of the corporate authorities, deviate from the foregoing Section 1.C. by requiring that all of a given tract of real property be annexed into the City, or, be made the subject of a requisite pre-annexation agreement. 8-20-3: SPECIAL CONDITIONS: The City Council may, in addition to any of the foregoing conditions, require additional terms or conditions as may appear to be in the best interest of the City as conditions precedent to the annexation or pre-annexation agreement. 8-20-4: INTERC~01/EFZMiENTAL ~I~EEIvENTS: Nothing i n th i s Chapter shall be interpreted as a restraint upon the power of the City of Canton to enter into intergovernmental agreements relating to the sale of or receipt of sewer or water services by the City of Canton. 4 ~ ~ w a 8-20-5: DEVIATIONS: No City officer or official shall have any authority to deviate from the requirements of this Chapter, or, to bind the City to any such deviation." 3. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois, and approval by the P/layor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 51:h day of December 1989 upon a roll call vote a.~ follows: AYES: Aldermen Chapman, May, Bohlen, Sarff, Steck, Zilly, Kovachevich. NAYS: None. ~~: Alderman Meade.. ATTEST: ancy VJh i s, City Clerk APPF~J1/ED: Donald E. Edwards, Mayor ff _~~s~~~~g~~~~ii~r41 ~11~~~I.f~li~~s~a 1 ~ ~''lljl rr~ Ise €:a.fl ',~i~iva i4r~id G~I~~I o~ Pt,L^I~~~ En a ~6.~,ar~l ~~gr,~.cE~~i~n nevaspaper iz ~1~ Citg~ Att. Date 5