HomeMy WebLinkAboutResolution # 3722RESOLUTION NO. ~~
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF CANTON AND PETER FRANCISKOVICH, et al.
WHEREAS, the City Council of the City of Canton, Fulton County, Illinois, reviewed
the terms of the Agreement, a copy of which is attached hereto and made a part hereof as
Exhibit A; and
WHEREAS, the Agreement was approved by committee in 2000 and;
WHEREAS, it was the intent of the parties to implement said Agreement; and
WHEREAS, the parties have been unable to determine that a resolution and final
agreement was passed by Council; and
WHEREAS, the signatories to the Water Installation Agreement in good faith believed
that the Agreement had been adopted and put into place; and
WHEREAS, two residences were allowed to hook up for water without paying the
$1,700 reimbursement through the City of Canton to the participants in the Water Installation
Agreement; and
WHEREAS, the City Council of the City of Canton, Illinois, has determined that it
is in the best interest of the City of Canton to approve said Agreement and to reimburse the
participants in said Water Installation Agreement.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CANTON, Fulton County, Illinois, as follows:
1. That the Agreement which is attached hereto and made a part hereof as Exhibit
A, is hereby approved, said Agreement to be subject to and effective pursuant to the terms and
conditions set forth therein.
2. That the signatories to the Agreement or their assigns shall be entitled to a
reduction in their water bill to compensate them for the $1,700-per-residence fee that should
have been charged for the new hook-ups.
3. That any new hook-ups to the Franciskovich water line shall be charged a fee
of $1,700 by the City of Canton, to be refunded to the participants in the Water Installation
Agreement.
4. That this Agreement shall be in force for a period of ten (10) years starting May
1, 2000.
PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a
regular meeting this 19thday of Aprii , 2005, upon a roll call vote as follows:
AYES: Aldermen West, Reed, Dartford, Carl, Hain, Molleck, Filling-
ham, Sarff,
NAYS: 1Vone,
ABSENT: None,
APPROVED:
Attest:
,;
Nancy Whi s, City Clerk
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WATER INSTALLATION AGREEMENT
This Agreement is made at Canton, Illinois, on the date shown at the end hereof and
is by and between the owners of Fulton County real estate who are listed on the last page of
this Agreement as signing this Agreement. All parties signing agree that in the event that
anyone whose name is listed at the end of this Agreement who has not signed this Agreement
is not part of this Agreement, however, said Agreement is still legally binding upon all who sign
this Agreement.
WHEREAS:
1. The parties agree that they are engaged in a joint enterprise to have water from the
City of Canton extended to real estate that they own and agree to equally share the costs of
having said water extended to their real estate.
2. The parties agree and understand that they will be paying for the costs of the water
line to be installed, the costs of any State Environmental Protection Agency fees, as well as any
other costs involved in said installation, including legal fees.
3. The parties also agree that, initially, each shall contribute the sum of One Thousand
Seven Hundred Dollars ($1,700.00), per residence upon the signing of this Agreement and the
parties also understand that this Agreement and said sharing of costs shall cover the installation
of the line along aright-of-way in front of their residences, but does not include the actual cost
of tapping on to said line once it has been extended in front of their residence.
4. The parties agree that all costs for this project shall be paid out the mutual funds
deposited from the parties and at the end of said project, each person would receive a pro-
rated refund of any money not spent.
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5. The parties further agree that at this time, two (2) persons are designated as to allow
the payment of any bills for this and they are MEL FLETCHER and CURTIS I{ROCK.
6. All parties agree that if should one of the above named people choose no longer to
participate as a person designated to approve payment of any costs involved in this project,
then a majority vote of the participants will name his replacement.
7. The parties also agree that one of the participants, namely Jeff Flatt, will pay two
(2) fees due to the fact that he is the owner of two (2) different residences located in this
project area.
8. The parties also agree that this Agreement is binding upon all heirs, executors and
assigns of the respective parties hereto.
9. The parties also agree that they will enter into an agreement for special tap fees with
the City of Canton to allow for any future participants on said water line to pay a proportionate
fee in order to tap on to said line.
IN WITNESS, the parties has executed this Agreement on the day of
1999.
Participant # 1:
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Steve Bankert
24530 East Lake Breeze Drive
Canton, Illinois 61520
Participant #2:
Pete Franciskovich
24587 East Upper Lake Road
Canton, Illinois 61520
Bankert
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Sallie Franciskovich
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Participant #3:
Participant #4:
Tom Markley
24631 East Upper Lake Road
Canton, Illinois 61520
Participant #5:
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Dennis. Rabe ~ r Amada Rabe
24516 East North Shore Drive
Canton, Illinois 61520
Participant #6:
Russell Manock Betty Manock
24545 East Lake Breeze Drive
Canton, Illinois 61520
Participant #7:
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Tim eward Stacey Seward
24546 East North Shore Drive
Canton, Illinois 61520
Participant 8:
,;
Tom Snowman Norma owman
24779 East Upper Lane Road
Canton, Illinois 61520
- Page 3 of 5 Pages -
24519 East Lake Breeze
Canton, Illinois 61520
Participant #9:
Roy Williams ~~. ~~u:.~ ~.:~.-a.s-~~~"`~'
24533 North Shore Drive
Canton, Illinois 61520
Part' ipant # 11 w '
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J ne Tindall
24503 East North Shore Drive
Canton, Illinois 61520
Participant # 12:
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Cecelia Williams
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Jeff Flatt > ~~ ,J
2013 North Atlantic
Peoria Illinois 61603
(Lot Number 17, North Shore Addition)
Participant # 13:
Jeff Flatt
2013 North Atlantic
Peoria, Illinois 61603
(Lot Number 15, North Shore Addition)
Participant # 14:
James'B. Huggins
346 West Spruce
Canton, Illinois 61520
~~
- Page 4 of 5 Pages -
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24541 East North Shore Drive
Canton, Illinois 61520
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Participant # 15:
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Louie Hunter;
P. O. Box 30 ~
Glasford, Illinois 61533
Participant # 16:
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Matt Franzoni
805 North 7th Avenue
Canton, Illinois 61520
Participant #17:
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Mel Fletcher Roberta Fletcher
24677 East Upper Lake Road
Canton, Illinois 61520
Participant # 18:
Participant #19:
Participant #20:
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