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HomeMy WebLinkAboutOrdinance #555 t. � �;,�`�r w , , " ` 8/3/76 Read by Title only. ` .' .. . � • O R D I N A N C E No,''��'�� 'S ' (AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES (DURING CERTAIN PERIODS) UPON THE TOWN & COUNTRY INSURANCE AGENCY, LTD, PARKING AREA, GENERALLY LOCATED AT THE ADDRESS OF 301 NORTH MAIN STREET iN'THE CITY OF CANTON, ILLINOIS ON THE EAST SIDE OF MAIN STREET BETWEEN SPRUCE AND ASH STREETS IN SA ID C IT Y, ) WHEREAS, Town & Country Insurance Agency, Ltd, 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. 95 1/2, Sec, 11-209, Ill. Rev. Stats. (1975); and, WHEREAS, said Town & Country Insurance Agency, Ltd, has con- tracted with the City of Canton, Illinois, purs.uant to said Sec. 11-209 and, thereby empowered said City to regulate the parking of auto.mobiles on said parking area. Now, therefore, be it ordained by the City Council of the City of Canton, Illinois as follows: �ection 1. That the following words or 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 �oading and unloading .merchandise or passengers. b. "Parking area": Means that area provided for the use of motor vehicles in connection with the Town & Country Insurance Agency, Ltd. business and the business of Mid America Credit, Inc. , said facilities being generally located at the address of 301 North Main Street in the City of Canton, Illinois on the following described realty: Lot Nu.mber Seventy-One (71) in the Original Town of Canton, Illinois, except Nineteen and Three-Tenths (19. 3) feet off the North side of said lot, and the East Sixty (60) feet of said Lot. and which said realty is generally located on the East Side of Main Street and be��ueen Spruce and Ash Streets in the City of Canton, Illinois. Section 2. That it shall be unlawful for any person, not specifically authorized by said Town & Country Insurance Agency, Ltd, , or not actively utilizing the facilities of Town & Country Insurance Agency, Ltd. - or Mid Arnerica Credit, Inc. , to park a .motor vehicle at any place in or on the parking area, herein co.mte.mplated, during the following ti.mes; 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 com.mencing on each Monday through each day thereafter to each succe�ding 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 ti.me 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 �H������ . . . •, . + . - .• , �' :, • . ' ��++.���,��� , . . � facilities of Town & Country Insurance Agency, Ltd, or Mid America Credit, Inc. Section 4. That the Police Chief of this City shall cause appropriate signs to be posted infor.ming persons of this Ordinance, Section 5. 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 law, PASSED BY THE City Council of the City of Canton, Illinois and approved by the Mayor thereof this �day of GZ� , 1976. �... ! APPROVED� / ;- � ^ Ml�.�'qR : ,� ,`,.,, ATTEST; .-`'.,.� �: �L-�-'�z ,,. CITY CLERK RETURN TO: Nellie Crawford, City Clerk, 210 E, Chestnut, Canton, Illinois 61520 �a� �6-�'������ ��.�.�/ �C.�c�.�,�.�` 76 �o',�.5' ,� �� c /o o q ,�.--. , ���� ���� � � � y AGREEMENT FOR REGULATION OF PARKING AND TRAFFIC CONTROL OF MOTOR VEHICLES THIS AGREEMENT, made this l ���ay of C�� , 1976 , A. D. , by and between TOWN & COUNTRY INSURANCE A ENCY, LTD. , hereinafter referred to as TOWN & COUNTRY, and THE CITY OF CANTON, ILLINOIS, a Municipal Corporation, hereinafter referred to as CITY, WITNESSETH: WHEREAS, TOWN & COUNTRY is the owner of the following described real estate: Lot Number Seventy-one (71) in the Original Town of Canton, Illinois, except 19. 3 feet otf, the North side of said Lot and the East 60 feet of said Lot, located in the City of Canton, County of Fulton and State of Illinois; and, WHEREAS, TOWN & COUNTRY operates an insurance business from a building located on said premises and is the landlord for MID-AMERICA, INC. , a small loan company, who also operates a business on said premises pursuant to a lease agreement with TOWN & COUNTRY: and WHEREAS, said premises , business establishments and parking area hereinabove described is wholly located within the corporate limits of the CITY: and WHEREAS, TOWN & COUNTRY is the "owner" of a "shopping center" as defined in Chap. 95-1/2, Sec. 11-209 of the I11. Rev. Stat. , -1- 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 TOWN & COUNTRY in the following respects : l. That the CITY shall adopt a comprehensive parking policy providing for no parking on the TOWN & COUNTRY 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 ($) 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 TOWN & COUNTRY����hPresident of TOWN & COUNTRY�d°etermine what signs, if any, are necessary for the implementation of the parking policy hereinabove adopted by TOWN & COUNTRY. The Chief of Police or his designated representative may suggest to TOWN & COUNTRY items which the CITY feels are necessary to the efficient implementation of said parking policy. -2- ���I���U�.7 ��i�����`.! 3. Any and all regulatory signs or information signs concerning TOWN & COUNTRY' S parking policy shall be prepared, established and installed at the sole cost and expense of TOWN & COUNTRY. :: :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 nature to implement 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 5tatute or Ordinance and shall further not be construed to in any way limit such Statute or Ordinance. 5. 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 agreement shall become wholly null and void. -3- 7. Upon the ratification of this agreement, either by resolution or by ordinance, TOTnIN & COUNTRY, its own expense, shall cause to be recorded a certified copy of this agreement, together with a certified copy of the ordinance or 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 TOWN & COUNTRY. 9. This agreement shall be in full force and effect upon the ratification 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. TO & COUNTRY INSU CE AGENCY, LTD. , � ;��. gy � c -,�,, , ���;; ,� ��,, , , •;� �' '" President s., ''�``�� � �/^'� :i-,7�� �r C '. ' 6 �C:l: J• . � C ���a y1 �� � i �i ,.._.. ATTEST: i �, ` �.` � r ' , �'� .• . .� .V:t� . . . . . ' � 7 Secretary Thi� doaument was prepared by the law of�ices o� CLAUDON� ELSON & LZOYD 121 West Elm Street Ca�nton. Illinoi8 -4- �������� � �'�G����6 � State of Illinois, ) County of Fulton. ) I, the undersigned, a Notary Public in and for said County in said State as aforesaid, do hereby certify that ROBERT FOUTS and DENNIS R. LUDLUM, personally known to me to be the President and Secretary of TOWN & COUNTRY INSURANCE AGENCY, LTD. , 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 acknowledged that they signed, sealed and delivered said instrument as the President and Secretary of TOWN & COUNTRY INSURANCE AGENCY, LTD. , pursuant to a valid resolution adopted by said corporation, and have caused the seal of TOWN & COUNTRY INSURANCE AGENCY, LTD. to become permanently affixed thereto as the free and voluntary act of TOWN & COUNTRY INSURANCE AGENCY, LTD. , for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this � � day of , 1976. . .. ^a � �.�--�-� - _ Notary Public � , . � -5- . . . : . 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--��/�z'�day of � �-t..ct�,c , 1976, at a regular meeting of said Council. Pursuan to said ratification vote, ROBERT JENNINGS, Mayor of the City of Canton, has affixed his signature hereto. �J �� _ � � P - ,�� � � � � �.�.,�,�.. ROBERT JENN�`GS, Mayor ATTEST: L ,� , �,,,����:c t`_:,--C�t NELLIE CRAWFORD, City Clerk State of Illinois, : ) . . ) ss. County of Fulton. ) I, 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 -6- ������� � �'����+AG$ 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 Clerk 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 �� 1976. � � —► `s,' '` ,,;,� �. ., � ', y t fi .._. ;` �it1 Jt , .. . . . . . . . . . . � ,..r' . i$ �,! ���7 ' . � 2C�*W � E � w.x . § � � ��' � " � � Notary Public � �},.. :z , �. : .:..�„: RETURN TO: Nellie Crawford, City Clerk, 210 E, Chestnut, Canton, Illinois 61520 �p d� �� �����"� -7- r a,� ���`� 76 `o.3� �:�G /'aoa �.