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HomeMy WebLinkAboutOrdinance #558 , . ' . r �„�:n�.r . ;,� Read by Title only 8/17/76 �,; `. ` ^ ` O R D I N A N C E No, -�-s� (AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES (DURING CERTAIN PERIODS) IN THE MUTUAL SAVINGS & LOAN ASSOCIATION PARKING AREA GENERALLY LOCATED AT THE ADDRESS OF 801 NORTH MAIN STREET IN THE CITY OF CANTON, ILLINOIS AND ON THE EAST SIDE OF MAIN STREET BETWEEN BIRCH AND SYCAMORE STREETS IN SAID CITY. ) WHEREAS, Mutual Savings and Loan Association is an 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 Mutual has contracted with the City of Canton, Illinois, pursuant to said Sec. 11-209 and, thereby empowered said City to regulate the parking of automobiles on said parking area. Now, therefore, 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 temporarily and actually engaged in loading or unloading merchandise or passengers. b. "Parking area": Means that area provided for the use of motor vehicles in connection with Mutual Savings and Loan Association business operations generally located at the address of 801 North Main Street in the City of Canton, Illinois and on the following described realty: A part of the Northeast Quarter of Section 27, in Township 7 North of the Base Line, Range Four East of the Fourth Principal Meridian situated in the County of Fulton and State of Illinois, more particularly described as follows: Cornrnencing at an iron pin at the Northeast corner of the intersection of Birch Street and North Main Street, in the City of Canton, County of Fulton, and State of Illinois, said pin being located approximately 9-1/2 feet North of the curb line of Birch Street and 37. 7 feet East of the curb line of Route 78; thence North 208. 71 feet; thence East 208. 71 feet; thence South 208. ?1 feet; thence West 208. 71 feet to the point of beginning, containing approximately 1 acre, more or less, all being located in the City of Canton, County of Fulton, and State of Illinois; and, and which said realty is generally located on the East Side of Main Street and between Birch and Sycamore Streets in the City of Canton, Illinois. Section 2. That it shall be unlawful for any person, not specifically authorized by Mutual Savings and Loan Association, or not actively utilizing the business facilities of Mutual Savings and Loan Association to park a motor vehicle at any place in or on said parking area during the following tiznes: a. Between the hours of five (5) o'clock P. M. and eight (8) o'clock A. M. in the rr,orning of each day commencing on each Monday through each day thereafter to each succeeding Saturday at eight (8) o�clock in the rnorning �� ��� ` ` �� � • � ��� ��lL • .. - . I �� : ' ' ' thereof; and b. Between the hours of twelve (12) o�clock noon 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. 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 patronizing or utilizing the business establishment owned by Mutual Savings and Loan A ssociation, Section 4. That the Police Chief of this City shall cause appropriate signes to be posted informing 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 ..��� , 1976. ,> (� r A PPROVED• ` �%" �..�,.=� ti?.�,�_ - MAYO �; � c..� . ATTEST: '�� CITY CLERK � 7�4�9''��. f0� �I: k• :°' _�o� � /�16 , S�� �.�,s F�. � . ��MY��*. .�,s �.ynti:a� �.��=:��� � . 71.`.e.2'`.�' �',u..�,-z..0 �� ,.1�. 6 �s.�.o `�'� K • - t � ,� 02 �L � AGREEMENT FOR REGULATION OF PARKING AND TRAFFIC CONTROL OF MOTOR VEHICLES THI S AGREEP�ENT, made thi s "� �� _day o f ,��:!�.�_� � � . __��.� 1976, A. D. , by and between MUTUAL SAVINGS & LOAN ASSOCIATION, hereinafter referred to as MUTUAL, and THE CITY OF CANTON, ILLINOIS, a Municipal Corporation, hereinafter referred to as CITY, WITNESSETH: WHEREAS, A�UTUAL SAVINGS & LOAP1 ASSOCIATION is the owner of the following described real estate: � A part of the Northeast Quarter of 5ection 27, in '1'ownship 7 North of the Base I,ine, Range Four East of the Fourth Principal Meridian situated in the County of Fulton and State of Illinois , more particularly described as follows : Commencing at an iron pin at the Northeast corner of the intersection of Birch Street and North Main Street, in the City of Canton, County of Fulton, and State of Illinois , said pin being located approx- irnately 9-1/2 feet North of the curb line of Birch Street and 37. 7 feet East of the curb line of �toute 78; thence North 2�J8. 71 feet; thence East 208. 71 feet; thence South 208. 71 feet; thence West 2�J8 . 71 feet to the point of beginning, containing approximately 1 acre, more or le,s, all being located in the City of Canton, County of Fulton, and State of Illinois; and, WHEREAS, MUTUAL operates a savings and loan business from a building located on said premis�s , together with a contiguous and adjacent private parking lot for the use of its customers upon said premises; and -1- ���� ��� .` ���� ��V ,. • . , _ WHEREAS, said premises , business establishment and parking area hereinabove described is wholly located �rithin the corporate limits of the CITY: and WHEREAS, MUTUAL 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 MUTUAL in the following respects: l. That the CITY shall adopt a comprehensive parking policy providing for no parking on the MUTUAL parking area during the following times: (a) Between the hours of five (5) 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 Saturday at eight (8) o' clock in the morning thereof; and (b) Between the hours of twelve (12) o' clock noon on Saturday until eight (8) o' clock A.M. in the morning of each Monday thereafter succeeding; and (c) At any time during generally recognized holidays. -2- f . - 2. The CITY, by its Chief of Police or his designated representative, shall make an inspection of the parking area of MUTUAL with the President of N:UTUAL to determine what signs, if any, are necessary for the implementation of the parking policy hereinabove adopted by MUTUAL. The Chief of Police or his designated representative may suggest to MUTUAL items which the CITY feels are necessary to the efficient implementation of said parking policy. 3. Any and all regulatory signs or information signs concerning MUTUAL' S parking policy shall be prepared, established and installed at the sole cost and expense of MUTUAL. 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 Statute 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 t�rminated by written notice as hereinafter provided. -3- T��i�� ��� . � ���� ��� . , 6. Either party t� this ac�re�ment may terminate said agreement by giving ta +�he other party written notice of intent to terminate this agreement. For �urposes 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. 7. Upon the ratification of this agreement, either by resolution or by ordinance, MUTUAL, at its own expense, shall cause ta be recorded a certified copy of this agreemFnt, together with a certified copy of the ordinance or resolt�'c:ion 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 agreemen�t shall constitute a dedication to the CITY of any part of the premises owned by MUTUAL. 9. This agreement shall be in full force and effect upon the ratification of same by a majority vote of the City -4- �� �� ,��� Council of the City of Canton, Illinois, and ��pon the fixation of the signature of the Mayor and Ci-ty Clerk of said City. MUTUAL ��V�NGS & LOAN ASS.00IATION, By '1...-,:��;�i„�;�`2'�',(�-., ���r�.�r'�'1'T.11.�'-�2.`'" ; f Pre�id�.rn`� �1TTEST: `'y� \ 1 . r' . �� f �� � ��� s � � ,'�> ..-, ' �, , � ,� .�. , '`� Secretary ' ��' � 3 � ..' ���� :'�k � .. .. �. 1,:: la `r/1 •� State of Illinois , ) y� `�� > � �' ) SS. ._. County of Fulton. ) I , the undersigned, a Notary Public in and for �aid' County in said State as aforesaid, do her�by certify that CHESTER J. CLAUDON and JACK BEALF, personally known to me to he the President and Secretary of MUTUAL SAVINGS & LOAN ASSOCIATION 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 AiUTUAL SAVINGS & LOAN ASSOCIATION, pursuant to a valid resolution adopted by said corporation, and have caused the seal of P�.UTUAL SAVINGS & LOAN ASSOCIATION to become permanently a�fixe,d thereto as the free and voluntary act of MUTUAL SAVINGS & LOAN ASSOCIATION, .for the uses and purposes therein set forth. G EN under my hand and notarial seal -this �7� c3�y of � , 1976. ,.;:,, ,• � , r t —r. �'-�, `s �%,� > '`� (� 1 ��"` i (�-�. � /L_. '� � ``�� � Notary Public K y�r T'nV'Y �,�.1. � � � «�, ` � �„ J, .j",�. � ..... .�t ` . . . 5 ��� ��� , , . �,�� �/1(') � ' . ��V 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 ��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. i � � �� 1� ROI3ERT JEN .I�1 S, Mayor ATTEST: _. 'G' t� �'�. NELLIE CRAIn1FORD, C ty Clerk State of Illinoi;�, ) ) ss. County of Fulton. ) I, the undersigned, a rlotary 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- �� ,.� . . '• . . foregoing instrument, anpeared befor_e 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 Q�.;: ,,� , 1976. -�-�r--r- — r �y' �/ ` � � � � A / , ti? . . '��f r � ` / ��:i ��. ��� ( -�t- �L'�' �C��-�,� '�Z� � ����. r �J ��,� Notary Public .. � � 7c_ 9��9Cl� s:r �: �: /v� � �,; �yj� 9 ��� �t:� . . . . .:� �, *. . ; -�- ���� �Q�, � �a..�.,..� 5.2. � �saQ r° °'76-�