A. Lease of Lake Lots; Conditions:
1. The City may lease lake lots on a seasonal basis. Effective January 1, 2014, only one lake lot lease per household will be allowed, with bona fide City residents being given first priority. Lake lot leases shall commence as of April 1 and shall terminate on October 31 each season. The Lake Superintendent shall designate the lake lots and all lake lot site boundary lines and attend to the administrative requirements in the lease of the lots. The rental fee shall be five hundred fifty dollars ($550.00) for the current season. The required security deposit for the current season shall be three hundred dollars ($300.00). The terms and the conditions of the lake lot lease agreement for the current season and each season thereafter and the amount for such rental fee and security deposit for the current season and each season thereafter shall be established and designated in the form of the lake lot lease agreement as may be approved by the City Council from time to time by motion adopted by majority vote of the City Council.
Prior to the City’s execution of any lease agreement for a lake lot, the prospective tenant shall pay the City Clerk a ten-dollar ($10.00) fee for preparation of each additional lease agreement because such prospective tenant failed to return to the City the lease agreement previously furnished to said prospective tenant.
The leasing of any available lake lot leases shall be conducted by a lottery system procedure that is recommended from time to time by the Lake Committee and that is approved by the City Council from time to time. The Lake Superintendent shall maintain a list of lake lots available each year for lease and shall designate a date for the leasing of the available lake lots.
Notwithstanding anything herein or in the aforesaid lottery system procedure adopted from time to time to the contrary, the following rules shall apply to said lottery system procedure and the availability of any lake lot leases:
a. Only bona fide Taylorville Illinois residents shall be first selected through said lottery system to lease any available lake lot from time to time.
b. Non-bona fide Taylorville Illinois residents can only be selected through said lottery system to lease any available lake lot from time to time if there are no remaining bona fide Taylorville Illinois residents participating in said lottery system for the applicable lease year in question from time to time.
c. No immediate family member of any tenant of any lake lot lease can participate in the aforesaid lottery system procedure. For purposes hereof, “immediate family member” of the tenant shall include: spouse, civil partner, natural or adopted or step child or grandchild, brother, sister, brother-in-law, sister-in-law, son-in-law, or daughter-in-law or any of their respective natural or adopted or step children.
d. Tenants shall not be entitled to sublease or assign their lake lot lease in whole or in part at any time; and any such sublease or assign shall automatically terminate the lease.
e. Once a person has leased a lake lot, such tenant shall not be entitled to participate in the aforesaid lottery system, until and unless such tenant first relinquishes his or her then existing lake lot lease. Reimbursement of funds, if any, associated with the said relinquished lease may be refunded at the direction of the Lake Superintendent.
f. Lake lots shall not be held or reserved but may only be secured by executing the required lease agreement and by paying the required rent.
2. No more than one camper, trailer, recreational vehicle or other camping facility shall be placed on a lake lot; provided, however, that one additional camper, trailer, recreational vehicle or other camping facility shall be permitted to locate on a lake lot for a period not to exceed seven (7) days with the written registration per directive of the Lake Superintendent or designated official. The additional camper, trailer, recreational vehicle or other camping facility shall be permitted to locate on a lake lot but must be removed from lake property for no less than fourteen (14) days before being allowed back on any lake property. “Camping facility” as set forth herein, shall not include tents. No more than two (2) tents (not to exceed 10 feet by 10 feet each in size) shall be placed on a lake lot. Only the lot lessee either in person or over the phone can complete the written registration with an employee of the marina office during the marina’s working hours. The registration form will include no less than the following: lake lot number, name of lot lessee, name of person visiting with the second camping facility, description and license plate number of the visiting facility, and date of arrival and scheduled departure. It will be the lessee’s responsibility to ask the name of the employee completing the form over the phone to avoid any misunderstandings if a problem would arise.
3. Notwithstanding anything to the contrary in this section, if a lease is terminated because of default(s) of tenant as set forth in the lake lot lease agreement, then tenant, any immediate family member of tenant (as defined in such lease agreement), and any person who resides with tenant anywhere and at any time on the date of or after such default shall not be entitled or eligible to participate in the aforesaid lottery, as established from time to time, for any lease of any City lake lot or campground site for a period of one full calendar year following the year during which occurred the effective lease termination date or of its nonrenewal or nonextension.
4. On a case by case basis, and only if all lake lots have been leased for the subject lake lot leasing season, the City Council may allow, in their sole discretion from time to time, an existing tenant to share with another person (as a City approved licensee) the same lake lot under the existing tenant’s Lake Lot Lease Agreement for the remaining portion of the subject lake leasing season; provided: i) such tenant signs and delivers to the City a Lake Lot Lease Agreement Addendum (in a form approved by the City Council from time to time); and ii) such tenant pays the City the required additional non-refundable rent and additional security deposit as stated in the Lake Lot Lease Agreement Addendum; and iii) such tenant agrees to fully comply with and remain fully responsible and liable for compliance with all of the terms and provisions applicable to the tenant under said Lake Lot Lease Agreement and/or as may be made applicable to such licensee under said Lake Lot Lease Agreement Addendum.
B. Lease of Campground Sites; Conditions:
1. The City may lease campground sites on a seasonal basis. Effective January 21, 2014, only one (1) campground site lease per household will be allowed, with bona fide City residents given first priority. Campground site leases shall commence as of April 1 and shall terminate on October 31 in each season. The Lake Superintendent shall designate the lake lots and all lake lot site boundary lines and attend to the administrative requirements in the lease of the campground sites. The rental fee shall be eight hundred five dollars ($805.00) for the current season or one hundred fifteen dollars ($115.00) per month for the current season. The required security deposit for the current season shall be three hundred dollars ($300.00). The terms and conditions of the campground lease agreement for the current season and each season thereafter and the amount for such rental fee and security deposit for the current season and each season thereafter shall be established and designated in the form of the campground lease agreement as may be approved by the City Council from time to time by motion adopted by majority vote of the City Council.
Prior to the City’s execution of any lease agreement for a campground site, the prospective tenant shall pay the City Clerk a ten dollar ($10.00) fee for preparation of each additional lease agreement because such prospective tenant failed to return to the City the lease agreement previously furnished to said prospective tenant.
The leasing of any available campground site leases shall be conducted by a lottery system procedure that is recommended from time to time by the Lake Committee and that is approved by the City Council from time to time. The Lake Superintendent shall maintain a list of campground sites available each year for lease and shall designate a date for the leasing of the available campground sites.
Notwithstanding anything herein or in the aforesaid lottery system procedure adopted from time to time to the contrary, the following rules shall apply to said lottery system procedure and the availability of any campground sites:
a. Only bona fide Taylorville Illinois residents shall be first selected through said lottery system to lease any available campground site from time to time.
b. Non-bona fide Taylorville Illinois residents can only be selected through said lottery system to lease any available campground site from time to time if there are no remaining bona fide Taylorville Illinois residents participating in said lottery system for the applicable lease year in question from time to time.
c. No immediate family member of any tenant of any campground site lease can participate in the aforesaid lottery system procedure. For purposes hereof, “immediate family member” of the tenant shall include: spouse, civil partner, natural or adopted or step child or grandchild, brother, sister, brother-in-law, sister-in-law, son-in-law, or daughter-in-law or any of their respective natural or adopted or step children.
d. Tenants shall not be entitled to sublease or assign their campground site lease in whole or in part at any time; and any such sublease or assign shall automatically terminate the lease.
e. Once a person has leased a campground site, such tenant shall not be entitled to participate in the aforesaid lottery system, until and unless such tenant first relinquishes his or her then existing lease of a campground site. Reimbursement of funds, if any, associated with the said relinquished lease may be refunded at the direction of the Lake Superintendent.
f. Campground sites shall not be held or reserved but may only be secured by executing the required lease agreement and by paying the required rent.
2. No more than one camper, trailer, recreational vehicle or other camping facility shall be placed on a campground site; provided, however, that one additional camper, trailer, recreational vehicle or other camping facility shall be permitted to locate on a campground site for a period not to exceed seven (7) days with the written registration per directive of the Lake Superintendent or designated official. The additional camper, trailer, recreational vehicle or other camping facility shall be permitted to locate on a campground site but must be removed from lake property for no less than fourteen (14) days before being allowed back on any lake property. “Camping facility” as set forth herein, shall not include tents. No more than two (2) tents (not to exceed 10 feet by 10 feet each in size) shall be placed on a campground site. Only the lot lessee either in person or over the phone can complete the written registration with an employee of the marina office during the marina’s working hours. The registration form will include no less than the following: campground site number, name of campground site lessee, name of person visiting with the second camping facility, description and license plate number of the visiting facility and date of arrival and scheduled departure. It will be the lessee’s responsibility to ask the name of the employee completing the form over the phone to avoid any misunderstandings if a problem would arise.
3. Notwithstanding anything to the contrary in this section, if a lease is terminated because of default(s) of tenant as set forth in the campground lease agreement, then tenant, any immediate family member of tenant (as defined in such lease agreement), and any person who resides with tenant anywhere and at any time on the date of or after such default shall not be entitled or eligible to participate in the aforesaid lottery, as established from time to time, for any lease of any City lake lot or campground site for a period of one full calendar year following the year during which occurred the effective lease termination date or of its nonrenewal or nonextension.
C. Leasing For Winter Storage: The City may lease lake lots and campground sites in designated areas for winter storage purposes. The winter storage period for lake lots shall be November 1 through the following March 31. The winter storage for campground site leases shall be from November 1 through the following March 31. The Lake Superintendent shall designate the winter storage lots or sites and the lot and site boundary lines and attend to the administrative requirements in the winter storage leasing of the lake lots and campground sites. The rental fee for the winter storage for each lake lot or campground site shall be payable in advance and shall be two hundred fifty dollars ($250.00) for the current season. The amount of the winter storage fee for the current season and each season thereafter shall be established and designated in the form of the lake lot lease agreement and/or in the campground lease agreement as may be approved by the City Council from time to time by motion adopted by majority vote of the City Council.
The winter storage rental fee shall apply to house trailers, mobile homes, trailer coaches, dwelling units, bus or recreational vehicles, campers, trailers, tents, camping facilities, storage structures, decks, porches, patios, and anything else located on the lake lot or campground site which does not belong to the City, during the above mentioned winter storage time periods.
D. City Residents Given Priority: The city, in leasing or renting lake lots or campground sites, shall give preference to residents of the city. Only one lake lot or campground site lease will be allowed per household.
E. Garbage And Trash Disposal: Lessees of the lake lots or campground sites, their families and guests shall place all garbage, rubbish, cans, bottles, debris and other trash in receptacles provided by the city. The failure of a lessee, his family and guests to comply with this provision shall be deemed to create a public or private nuisance, and such lessee, his family and guests may be prohibited from further use of the lake lot or campground site and shall forfeit all site rights to such lease. The lease monies received from said lessee by the city shall be forfeited by the lessee and retained by the city as liquidated damages.
F. Holding Tanks For Lake Lots And Campsites:
1. Tenants of lake lots or campsites may install and maintain, at tenant's own expense, one underground human waste sanitation sewer holding tank or concrete holding tank on the lake lot or campsite leased by such tenant or tenants provided all of the following terms and conditions are first satisfied:
a. Such holding tank or concrete holding tank must be constructed of reinforced fiberglass or of thermoplastic or of reinforced plastic and such construction and installation, maintenance and removal thereof shall fully comply with all the requirements as set forth in the Illinois department of public health private sewage disposal licensing act and code; and the rules and regulations promulgated thereunder, all as now enacted or hereafter amended.
b. Such holding tank or concrete holding tank must have a capacity of at least seven hundred fifty (750) gallons.
c. A permit to install and maintain such holding tank or concrete holding tank must be obtained by such tenant or tenants (if there is more than 1 tenant of such lake lot or campsite) from the Christian County health department approving the installation and maintenance of such holding tank.
d. Such tenant or tenants must give at least a five (5) day written prior notification to the lake superintendent of the date such holding tank or concrete holding tank is to be installed and include with such notification a signed copy of said Christian County health department permit and satisfactory proof of full payment for such holding tank.
2. Any such holding tank or concrete holding tank must be installed in accordance with said Christian County health department permit and all applicable federal, state, county and city laws, statutes, ordinances, rules, and regulations.
3. Any such holding tank or concrete holding tank shall become the sole property of the city immediately upon installation of such holding tank. Following such installation, such tenant or tenants shall provide satisfactory proof to the lake superintendent that all such installation costs have been fully paid. Such tenant or tenants shall, jointly and severally, be obligated to and shall, at their own expense, maintain such holding tank or concrete holding tank in good repair and operating condition during the term of such lease.
G. Overnight Camping:
1. The City may lease campsites for overnight camping and the fees for same shall be twenty dollars ($20.00) per night; provided however, commencing January 1, 2022, the fees for same shall be increased to thirty-five dollars ($35.00) per night on holidays, and increased to thirty dollars ($30.00) per night for every night not a holiday.
2. In the event a person/entity wishes to reserve overnight camping in advance, overnight camping can be reserved by the person/entity placing reservations with the city of Taylorville by providing the city of Taylorville with a check in the sum equal to the first overnight stay plus a five dollar ($5.00) nonrefundable reservation fee. The check must be made payable to the "City of Taylorville". If the reservation check does not include the correct fee, the check will be returned to the drawer and no effective reservation will be recognized.
3. If a reservation is canceled two (2) days before the arrival date, the canceling party will receive the first night's lease fee, but the canceling party will forfeit the nonrefundable reservation fee. If a reservation is canceled less than two (2) days before the arrival date, the canceling party forfeits the first night's lease and the nonrefundable reservation fee.
H. Alcohol And Illegal Drugs, Etc., Prohibitions On Lake Lots Or Campgrounds:
1. For purposes of this subsection H, the term "illegal drugs" shall mean any substance illegal under the laws of the state of Illinois and/or the federal government and shall include, but is not limited to, any controlled or counterfeit substance or controlled substance analog or any methamphetamine manufacturing chemical, or the salt of an optical isomer of methamphetamine or an analog thereof, or cannabis, as those terms are defined or referred to in the Illinois controlled substance act 1 or the cannabis control act 2 or the controlled substance and cannabis nuisance act 3 all as now enacted or hereafter amended.
2. If under the age of twenty one (21) years, the tenant of any lake lot or campground lease agreement shall not sell, give, deliver, consume, or possess any alcoholic beverages on the leased premises. The tenant, regardless of age, of any lake lot or campground lease agreement shall not cause or permit or allow the sale, gift, delivery, consumption or possession of any alcoholic beverage(s) on the leased premises by any person or persons under the age of twenty one (21) years.
3. The tenant of any lake lot or campground lease agreement, regardless of age, shall not sell, give, serve, deliver, store, consume, manufacture, produce, grow, cultivate, use, or possess any illegal drugs or any illegal drugs contraband or paraphernalia on the leased premises. Such tenant, regardless of age, shall not cause or permit or allow the sale, gift, serving, delivery, storage, consumption, manufacturing, production, growing, cultivation, use or possession of any illegal drugs or any illegal drug contraband or paraphernalia on the leased premises by any person or persons.
4. For purposes of this subsection, if the tenant of any lake lot or campground lease agreement or any person or persons is or are determined by the lake superintendent or his representative, or by any law enforcement officer to be or has been in violation of any of the terms of this subsection H, then such determination shall be conclusively deemed a default and violation under the terms and provisions of such tenant's lake lot or campground lease agreement, unless such tenant shall prove to the lake superintendent's satisfaction that such violation was by a person who was a trespasser on the leased premises and not expressly or impliedly invited or permitted upon the leased premises by such tenant or any of such tenant's guests, invitees, licensees, agents or employees.
I. Cabin Rental Rate:
1. The city may rent cabins at Lake Taylorville, and the rental rate shall be sixty dollars ($60.00) per rental unit for Sunday through Thursday, and sixty five dollars ($65.00) per rental unit on Friday, Saturday, and holidays.
J. Disabled Veterans Camping Privileges: Disabled veterans of the United States military shall be allowed, on a first come, first served basis and upon proof of military service connected disability, free access to the handicapped accessible cabin or to an overnight camping site or to a tent camping site not to exceed a total of two (2) weekends each season (i.e., April 1 to October 31 of each year) for any selection or combination of such cabin and/or sites.
K. Storage Sheds Constructed Or Located On Lake Lots And Campground Lots:
Lessees of lake lots and campground lots shall be allowed to construct or locate one vinyl storage shed not to exceed a size of eight foot by ten foot (8' x 10') on their lake lot and/or campground lot. Prior to doing so, the lessee shall obtain approval of the lake superintendent or his designee of such storage shed and the requested area where such storage shed will be located on the lessee's lake lot or campground lot; and, in addition, lessee shall first purchase a ten dollar ($10.00) prelocation inspection fee permit from the lake department.
In the event that a lessee constructs or locates such storage shed on the lessee's lake lot or campground lot without first paying for and obtaining such ten dollar ($10.00) prelocation inspection fee permit, the lessee will have ten (10) days following demand of the lake superintendent or his designee to pay for and obtain a ten dollar ($10.00) inspection fee permit and shall move such storage shed to another location on or off the lessee's lake lot or campground lot as may be required or approved or directed by the lake superintendent or his designee.
If such permit is not obtained within such ten (10) day period, or such storage shed is not moved to the location as designated, approved or directed by the lake superintendent or his designee within ten (10) days after issuance of such permit, then the lessee shall immediately permanently remove such storage shed from lessee's lake lot or campground lot immediately upon demand of the lake superintendent or his designee.
The lessee shall at all times secure such storage shed with tie downs or with some other alternative means as may be approved by the lake superintendent or his designee from time to time. Lessee shall not use or allow or permit such storage shed to be used as a living habitat for anything or anyone, including, but not limited to, any human or animal. If such storage shed is used for such purpose, the lessee shall permanently remove such storage shed from such lake lot or campground lot immediately upon demand of the lake superintendent or his designee.
(Ord. 3128, 7-7-2003; amd. Ord. 3270, 2-6-2006; Ord. 3357, 12-3-2007; Ord. 3493, 12-6-2010; Ord. 3659, 2-3-2014; Ord. 3624, 7-1-2013; Ord. 3632, 8-19-2013; Ord. 3659, 2-3-2014; Ord. 3687, 10-6-2014; Ord. 3787, 1-3-2017; Ord. 3940, 1-21-2020; Ord. 3915, 9-16-2019; Ord. 3953, 4-6-2020; Ord. 3957, 4-20-2020; Ord. 3960, 5-4-2020; Ord. 4004, 11-2-2020; Ord. 4058, 8-2-2021; Ord. 4070, 10-4-2021; Ord. 4155, 2-21-2023)
Notes
| 1 | 1. 720 ILCS 570/101 et seq. |
| 2 | 2. 720 ILCS 550/1 et seq. |
| 3 | 3. 740 ILCS 40/0.01 et seq. |