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HomeMy WebLinkAboutOrdinance #561 . j - � . � PAC� ��� . . ��� . Read by Title 8/17/76 � . ' 9/7/76 Hold for Legal opinion i �( "~ �• • __ . • �„ 0 R D I N A N C E �r�=�� No . _s ;,;�� (AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES (DURING CERTAIN PERIODS) UPON THE FULTON COUNTY ASSOCIATION FOR THE HANDICAPPED TNC. PARKING AREA, GENERALLY LOCATED AT THE ADDRESS OF 500 NORTH MAIN STREET IN THE CITY OF CANTON, ILLINOIS ON THE WEST STDE OF MAIN STREET BETWEEN OLIVE AND VTNE STREETS IN SAID CTTY. ) WHEREAS, Fulton County Association for the Handicapped Inc. 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 , 952 , Sec. 11-209 , I11 . Rev. Stats . (1975) ; and, WHEREAS , said Fulton County Association for the Handicapped Inc. 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 of 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 and unloading merchandise or passengers , b. "Parking area" : Means that area provided for the use of motor vehicles in connection with the businesses of Fulton County Association for the Handicapped Tnc . , the Fulton County Health Department and the Chicken and the Sea restaurant , said facilities being generally located at the address of S00 N. Main Street in the City of Canton, Illinois on the following described realty: Tract T Lots 1 and 2 in Block 1 in Smith � Johnson' s Addition to the City of Canton, Fulton County, I1linois aka 500-502 N. Main Street and 1-65 W. Olive Street in the City of Canton, Illinois Tract II A part of the Northeast Quarter of Section 27 , Town- ship 7 North, Range 4 East of the Fourth Principal Meridian, Canton , Fulton County, Illinois described as follows : Commencing at the Northwest corner of Lot #2 , Block #1 in Smith � Johnson' s Addition to the City of Canton, in said c{uarter, running thence North 63 feet , thence East 146 feet , thence South 63 feet , and thence West to the place of beginning, 146 feet ; also known as Lot #3, Block #4 in JOSEPH ZWISLER' S ADDITION to Canton, Illinois � , , � , � �� ��` ��� P� �.. * � I r � � . � � .. � ... t.�,c. , � . ` - ' � �`i'� ��j�s-• �9?,� �a7 1�b y L'_. �., .... ..:�. ,�.. . .. . �,..,,���.:� . Tract III 56 feet off the West end of Lots 4 and 5 in Block 4 in JOSEPH ZWISLER' S ADDITION to the City of Canton, Fulton County, Illinois , commencing at the Northwest corner of Lot 4 , thence South 1732 feet , thence East 56 feet , thence North 1732 feet , thence West to the point of beginning. and which said realty is generally located on the West side of Main Street and between Olive and Vine Streets in the City of Canton, Illinois . Section 2 . That it shall be unlawful for any person, not specifically authorized by agents of or representatives of the said Fulton County Association for the Handicapped Inc . , the Fulton Caunty Health Department or the Chicken and the Sea restaurant , or not actively utilizing the facilities of said parties , to park a motor vehicle at any place in or on the parking area, here�n contemplated, during the following times : 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 commencing on each Monday through each day thereafter to each succeeding 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 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 utilizing the facilities of Fulton County Association for the Handicapped Inc. , Fulton County Health Department and Chicken and the Sea restaurant. Section 4. That the Police Chief of this City shall cause appropriate signs to be posted informing persons o£ this ordinance. Section S . 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 iaw. PASSED BY THE City Council of the City of Canton, Illinois a pproved by the Mayor thereof this �/�_ day of .s , 1976 . J�f� APPROVE�D;:�[AY � � �� . -���_ _ 0 ,f ATTEST: �6,���� —_-� �T �4�C L . K Voting "AYE" on the passage oF this Ordi.nance: Aldermen Conrad, �erbic, Spencer, Peak, Cook, Edwards, Horr, Sel�ich, Hurst, Farr, and Rupe. Voting "NAY" None. �y�`°a �n..�t.t,R- �c+ce.c�+""C I' � �-�� ��� ��� � tl • '� • • +' � ���� ��m�. .. . . . � , . ' n.:. � ,;��y AGREEMENT FOR REGULATION OF PARKING AND TRAFFIC CONTROL OF MOTOR VEHICLES THIS AGREEMENT, made this -�� day of _ � 1976 , A. D. , by and between Fulton County Association for the Handicapped Inc. , hereinafter referred to as Fulton County Association, and The City of Canton, Illinois , a Municipal Corpora- tion, hereinafter referred to as City, WITNESSETH: WHEREAS, Fulton County Association is the owner of the following described real estate : Tract I Lots 1 and 2 in Block 1 in Smith � Johnson' s Addition to the City of Canton, Fulton County, Illinois aka 500- 502 N. Main Street and 1-65 W. Olive Street in the City of Canton, Illinois Tract II A part of the Northeast Quarter of Section 27 , Town- ship 7 North, Range 4 East of the Fourth Principal Meridian, Canton, Fulton County, Illinois described as follows : Commencing at the Northwest corner of Lot #2 , Block #1 in Smith � Johnson's Addition to the City of Canton, in said quarter, running thence North 63 feet, thence East 146 feet , thence South 63 feet , and thence West to the place of beginning, 146 feet ; also known as Lot #3, Block #4 in JOSEPH ZWISLER' S ADDTTION to Canton, Illinois Tract III 56 feet off the West end of Lots 4 and S in Block 4 in JOSEPH ZWISLER' S ADDITION to the City of Canton, Fulton County, Illinois , commen¢ing at the Northwest corner of Lot 4 , thence South 173z feet , thence East 56 feet , thence North 1731z feet , thence West to the poi.nt of beginning. and, WHEREAS Fi�lton County Association operates a business and leases offices from a building located on said premises to,. the Fulton�'Co.iin'ty I�eal�th:� D�partmen� and leas�e �$rking' spae� �o��th� . Chicken and the 5ea restaurant , WHEREAS , said premises , business establishements and parking . , ,• . . ' • / ' area hereinabove described is wholly located within the corporate limits of the City : and WHEREAS, Fulton County Association is the "owner" of a "shopping center" as defined in Chap. 952 , Sec. 11-209 of the Ill. 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 Fulton County Association in the following respects : 1. That the City shall adopt a comprehensive parking policy providing for no parking on the Fulton County Association 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 (8) 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 Fulton County Association with the president of Fulton County Association to determine what signs , if any, are necessary for the implementation of the parking policy hereinabove adopted by Fulton County Association. The Chief of Police or his designated representative may suggest to Fulton County Association items which the City feels are necessary to the efficient implementation of said parking policy. 3. Any and all regulatory signs or information signs .',2-"���' �, ,� . �.R. . + � P,AG£ 92" concerning Fulton County Association parking policy sha11 be prepared, established and installed at the sole cost and expense of Fulton County Association. 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 �ature to implemt�nt 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. S . 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 agree- ment shall become wholly null and void. 7. Upon the ratification af this agreement , either by resolution or by ordinance , Fulton County Association, its own expense , shall cause to be recorded a certified copy of this agreement , together with a certified copy of the ordinance or -3- . . . , 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 Fulton County Association. 9. This agreement shall be in full force and effect upon the rati£ication 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. FULTON COUNTY ASSOCIATION FOR THE HANDICAPPED INC. `�-�-�°�J , . : ! ' By 1:�,��,4-�'e..�_.�.,Q.,.� /'j�. President ATTEST : � ,. , _ , ; r� , L`� 4 ��� �... '�. ' _ � C y Secretary -4- P��� ���!�� � -- � . : . � � �'�GE g� . . �� STATE OF ILLINOIS ) ) SS . COUNTY OF FULTON ) I , the undersigned, a notary public in and for said County in said State as aforesaid, do hereby certify that Lorraine Farr and Wanda Black, personally known to me to the the President and Secretary of Fulton County Association for the Handicapped Inc. , and p�rsonally 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 Fulton County Association for the Handicapped Inc . , pursuant to a valid resolution adopted by said corporation, and have caused the seal of Fulton County Association for the Handicapped Inc. to become permanently affixed thereto as the free and voluntary act of Fulton County Association for the Handicapped Inc. , flr the uses and purposes therein set forth. } ,Gx��N under my hand and notarial seal this ��i2�day of .�t � a ���� 19 7 6. � _� � ' �w �..';, , � , £f ,{ ,-- , , � .; . c= -�U-e.._ ��---_ ,�G�--- � � N BLI A � � ; ' � . , , , . � ; , , � 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 . , �� . /� -. p� �-�->-�!� �-�-�'t--= a or ATTE S T: � `.���`"�� t� , , . , :._ , - � �%G� .�y. /Q7� .�:..���- .9�, �' :�. , ity er .�_ �.2� �'da STATE OF ILLINOIS ) � :',, ..: . „ , ) SS. COUNTY OF FULTON ) . . T , 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 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 C1erk 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 of , -t , 1976 . , , `,, s .�� , � s - _--.\ ,`� �A����� � , r=� � li; � f Y - { �-,• 1 _..� � <�.�:e. :�"��.�-L�. � �� ���..y�'-��' �; -�r�. , , � �w' 1V TARY PUBLIC ' � � �y a� �j�,G(<,cr �;�,�a,,� • , ���� � ���� ����