HomeMy WebLinkAboutOrdinance #556 °' : '. ., ,. " Read by Title only 8/3/76 , i
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ORDINA NC E No. --s ��
(AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES
(DURING CERTAIN PERIODS) IN THE LUMCO, INC. PARKING AREA,
GENERALLY LOCATED AT THE ADDRESS OF 370 NORTH MAIN STREET
IN THE CITY OF CANTON, ILLINOIS AND ON THE WEST SIDE OF MAIN
STREET BETWEEN ASH AND SPRUCE STREETS IN SAID CITY, )
WHEREAS, Lumco, Inc. , a Delaware corporation, is an owner
of a "Shopping Center" which controls a parking area located within the
Corporate li.mits of the City of Canton, Illinois, as contemplated by Chap. 95 1/2,
Sec. 11-209, Ill. Rev. Stats. (1975); and,
WHEREAS, said Lu.mco, Inc, has cantracted with the City of
Canton, Illinois, pursuant to said Sec. 11-209 and, thereby empowered said
City to regulate the parking of auto.mobiles on said parking area,
N+�w,;tMer�fo�e, be it ordained by the City Council of the City of
Canton, Illinois as follows:
Section 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 te.mporarily and actually engaged
in �nading or unloading .merchandise or passengers.
b. "Parking area"; Means that area provided for the use of motor
vehicles in connection with the Ludlu.m Shopping Center owned by Lumco, Inc. ,
a Delaware corporation and generally locat�ed at the address of 370 North Main
Street in the City of Canton, Illinois and on the following described realty:
Lot 5$ in the original town, someti.mes referred to
as Swan�s Addition of the City of Canton; part of
Lot 57 in the original town of Canton .more particularly
described as follows:
Beginning at the Southeast corner of Lot 57; thence
West 42 1/2'; thence North to the South line of West
Ash Street; thence East 42 1/2', thence South to the
Point of Beginning; and the North 90' of Lot 63 of
the original town, sometimes referred to as Swan�s
Addition of the City of Canton; and the East 50' of
the North half of Lot 64 of the original town, sometimes
referred to as Swan�s Addition of the City of Canton,
all located in the City of Canton, County of Fulton
and State of Illinois:
and which said realty is generally located on the West Side of Main Street and
between Ash and Spruce Streets in the City of Canton, Illinois.
Section 2. That it shall be unlawful for any person, not
specifically authorized by Lu.mco, Inc. , or not actively utilizing the
faciliti.es of the retail and service shops located in Ludlu.m Center to park
a .motor vehicle at any place in or or� said parking area during the following
times:
a. Between the hours of eight (8) o�clock P. M, and eight (8)
o�clock A, M, in the .morning of each day com.mencing on each Monday through
each day thereafter to each succeeding Saturday at eight (8) o�clock in the
;
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morning thereof; and
b. Between the hours of eight (8) o�clock P. M, on each and
every Saturday until eight (8) o�clock A. M, in the morning of each Monday
thereafter; and
c. At any time duri�g generally recognized holidays.
Section 3, Not withstanding the foregoing paragraph, parking
shall be allowed for custo.mers of the Norge Laundry during the following
ti.mes and upon the following conditions;
a. Monday through Sunday fro.m five (5) o�clock A. M, until
ten (10) o�clock P. M. ;
b, Provided that the parking occurs within a designated parking
area for Norge Laundry said designated parking area to be described with
paint or other appropra.ate markings by Lu.mco; and
c. Further provided that the parking in this area shall only
be during the period when the owner or user of said auto.mobile is patronizing
the Norge Laundry fac ility.
Section 4. 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 patronizing or
utilizing the retail or service establishments of said Ludlu.m Center owned
by Lu.mco, Inc.
Section 5. That the Police Chief of this City shall cause
appropriate signs to be posted infor.ming persons of this Ordinance.
Section 6. 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 7, 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 c�g —, 1976.
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APPROVED ��( �
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ATTEST: � _.�� ��, ..lb.rx��.
—�CITY CLERK ,
RETURN TO: Nellie Crawford, City Clerk, 210 E, Chestriut, Canton,
Illinois 61520 ��� ,�,�.7I}���� ��
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AGREEMENT FOR REGULATION OF PARKING
AND TRAFFIC CONTI�OL OF MOTOR VLHICLES
THIS AGREEMENT, made this_��ay of ' .
1976 , �. D. , by and between LUMCO, INC. , a Delaware C rporation,
hereinafter referred to as LUP2CO3 and THE CITY OF CANTON,
ILLINOIS, a Municipal Corporation, hereinafter referred to
as CITY,
WITNESS�TH:
WHEREAS, LUMCO is the owner of the following described
real estate:
Lot 58 in the Original Town, sometimes
referred to as Swan' s Addition, of the
City of Canton; part of Lot 57 in the
Original Town of Canton, more particularly
described as follows : Beginning at the
Southeast corner of Lot 57; thence West
42-1/2 feet; thence North to the South
line of West Ash Street; thence East 42-1/2
feet; thence North to the South Line of
West Ash Street; thence �ast 42-1/2 feet;
thence South to the point of beginning;
and the North 90 feet of Lot 63 of the
Original Town, sometime� referred to
as Swan' s Additon, of the City of Canton;
and the East 50 feet of the rdorth Half of
Lot 64 of the Original Town, sometimes referred
to as Swan' s Addition, of the City of Canton,
all located in the City of Canton, County
of Fulton and State of Illinois; and
WHEREAS, LUMCO has entered into leasing agreements with
the following described tenants : LUDLUM FOOD MARTS, INC. ,
a corporation; NORGE LAUNDRY; ASSOCIATES IN DENTISTRY; DR.
BAKER; MERLE NORMAN COSMETICS; JOY' S STYING SALON; and
CECIL' S BARBER SHOP; and
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WHEREAS, said tenants are locat�c� on the foreqoing
described premises, toget��ic�r t�ith a contiguous parking area
which is used by the public as a means of access to and
egress from the tenants ' business establishments; and
WHEREAS, said premises, business establishments and
parking area hereinabove described are wholly within the
corporate limits of the city; and,
WHEREAS, LUMC� is the "owner°' of a °'shopping center°' as
defined in Chap. 95-1/2, Sec. 11-209 of the I11. Rev. Stat. ,
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 LUMCO in the following
respects:
l. That the CITY shall adopt a comprehensive parking
policy providing for no parking on the LUMCO parlcing area
during the following times :
(a) Between the hours of eight (8) o' clock P.M. and
eight (8) o' clock A.P�. in the morning of each day commencing
on each Monday through each day thereafter to each succeeding Satu da�
at eight (8) o' clock in the morning thereof; and
(b) Between the hours of eight (8) o' clock P.M. on
each and every Saturday until eight (8) o'clock A.M. in the
morning of each Monday thereafter; and
(c) At any time during generally recognized holidays.
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2. Notwithstanding the foregoing paragraph, parking
shall be allowed for customers of the �Jorye Laundry during
the following times and upon the followin�� conditions :
(a) Monday through Sunday �`.:=rom five (5) o' clock A.M.
until ten (10) o' clock P.M. ;
(b) Provided that the parking occurs within a designated
parking area for Norge Laundry, said designated �arking area
to be described with paint or other appropriate markings by
LUMCO: and
(c) Further provided that the parking in this area
shall only be during the period when the owner or user of
said automobile is patronizing the Norge Laundry facility.
3. The CITY, by its Chief of Police or his designated
representative, shall make an inspection of the parking area
of LUMCO with the President of LUMCO to determine what
signs, if any, are necessary For the implementation of the
parking policy hereinabove adopted by LUMCO. The Chief of
Police or his designated representative may suggest to LUMCO
items which the CITY feels are necessary to the efficient
implementation of said parking policy.
4. Any and all regulatory signs or information signs
concerning LUMCO' S parking policy shall be prepared, established
and installed at the sole cost and expense of LUMCO. 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.
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5. The au�horization contained herein under the terms
of this agreement, shall �e in addition to any other authority
of the CITY existing by re���n 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
Statute or Ordinance and shall further not be construed to
in any way limit suclz Statute or Ordinance.
6. This agreement shall continue in full force and
effect from the date of its signing until terminated by
written notice as hereinafter provided.
7. Either party to this agreement may terminate said
agreement by giving to the other party written notice of
intent to terminate this agreernent. For purposes of this
naraqraph, "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.
8. Upon the ratification of this aqreement, either by
at
resolution or by ordinance, LUMCO,/ 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.
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9. The CITY acknowledy�s 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
LUMCO.
10. 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.
LUMCO, INC. , a Delaware rporation,
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1 ^.^q "5 a-�/� President
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'',.�,`�` ATTEST:
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Secretary
�!'his doaument vra$ prepa,red by
the law ot�icea o�
CI,AUDON� ELSON & LLOYD
121 West Elm Street
Canton, Illinoia
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State of �llinois, )
County of Fulton. )
I, the undersigned, a Notary Public in and for said
County in said State as aforesaid, do hereby certify that
CLYDE K. LUDLUM, JR. , and AUDRA LUDLUM, personally known to
me to be the President and Secretary of LUMCO, INC. , a
Delaware Corporation, 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 LUMCO, INC. , pursuant to a
valid resolution adopted by said corporation, and has
caused the seal of LUMCO, INC. to become permanently affixed
thereto as the free and voluntary act of LUMCO, II�C. , for
the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this ��� day
o f G�c..,�, , 19 7 6.
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Notary Public
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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- l��day of , 1976, at a regular meeting
of said Council. Pursuant to said ratification vote, ROBERT
JENNINGS, Mayor of the City of Canton, has affixed his
signature hereto.
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ROBERT JEN�TI�iGS, Mayor
ATTEST:
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NELLIE CRAWFORD, City Clerk
STATE OF ILLINOIS, )
) SS.
COUI'�:TY OF' FUL.i ON. )
I , the undersigned, a �otary 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
foregoing instrument, appeared before me this day in person
and severally acknowledged that they signed, sealed and
delivered said instrument as the AZayor and City Clerk of
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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, I1linois , as their free and
voluntary act and as the free and voluntary act of said
City, for the uses and purposes therein set forth.
GIV�N under my hand and Notarial seal this � � day
�� �-��, 19 7 6.
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f- ',���� Notary Public �
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RETURN TO: Nellie Crawford, City Clerk, 210 E, Chestnut, Canton,
Illinois 61520 �e,.i.�
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