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HomeMy WebLinkAboutResolution #411~~ ~, c r ~' ~2 ~ `` ~'~ (/ /' ~f y/i RESC}LUTIQN DIRECTING EXECUTI~~9N OF AGREEMENT WITH CITY QF 13USHNLLL, McDJNOUGH Ct~UivTY, ILLIN€~IS . WHEREAS, City of Bushnell, County of McDonough, State of Illinois, has requested City of Canton, County of Fulton, State of Illinois, to authorize said City of Bushnell to locate, construct, operate, repair and maintain a gas transmission line in certain streets, alleys and public places of the City of Canton, State of Illinois, and for the compensation and under terms and conditions as more fully set forth in an agreement entered into by and between said parties on the 9th day of June, 1965, and a further agreement authorizing a change in route, a copy of such agreement being hereto referred to and incorporated herein by reference thereto, and GJNEREAS, said agreement has been examined by this City Council and in terms, words and figures is satisfactory to this City Council and is deemed desirable and advantageous for this city and its inhabitants, NUW THEREFORE BE IT RES'LVED b_y the City Council of the City of Canton, County of Fulton, State of Illinois, that said contract referred to in the preamble of this resolution and dated the 9th day of June, 1965, be and thc~ same is hereby authorized to be amended and said agreement amending the contract dated the 9th day of June, 1965, and which authorizes a change of route in the location, construction, operation, repair and maintenance of a gas transmission line through the corporate territory of the City of Canton, Illinois, is hereby ap~aroved and the NTayor and City Clerk be and they are hereby authorized and directed to execute the said agreement which effects a change in the route of said gas transmission line for and on behalf of the City of Canton, County of Fulton and State of Illinois, all in the manner and form as required by law, ~; L~.,~~,~,~~J ~- ~~. AGREEMENT AMENDING PREVIOUS AGREEMENT ENTERED INTO BETWEEN CITY OF BUSHNELL, COUNTY OF McDONOUGH, STATE OF ILLINOIS, AND THE CITY OF CANTON, COUNTY OF FULTON, STATE OF ILLINOIS. THIS AGREEMENT entered into this ~ day of August, A.D. 1965, by and between the City of Bushnell, McDonough County, State of Illinois, a municipal corporation, hereinafter referred to as Party of the First Part, and the City of Canton, County of Fulton, State of Illinois, a municipal corporation, hereinafter referred to as Party of the Second Bart. WITNF.SSETH: WHEREAS, Party of the First Part and Party of the Second Part entered into an agreement on the 9th day of June, 1965, whereby Party of the Second Part, for certain consideration and covenants set forth in said agreement did grant to and authorize Party of the First Part to locate, construct, operate, repair and maintain a 6 inch gas transmission line through the corporate territory of the Party of the Second Part, and on the route and all as designated on a map attached to said agreement and made apart thereof, subject, however, to the compliance of certain terms, conditions and agreements of the Party of the First Part as set forth in said agreement. WHEREAS, the Party of the First Part now finds it necessary, feasible and desirable to change a portion of the route for the location, construction, operation, repair and maintenance of said gas transmission line through the corporate territory of the Party of the Second Part, and said proposed change of route is as set forth on the map hereto attached and made a part of this agreement, and WHEREAS, the Party of the Second Part i.s willing to so authorize the Party of the First Part to locate, construct, operate, repair and maintain a 6 inch gas transmission line through the corporate territory of the Party of the Second Part on the route and all as designated on the map hereto attached and made a part hereof, NOW, THEREFORE, the parties hereto agree as follows, for and in consideration of the mutu~i covenants and agreements hereinafter contained: 1. Party of Second Part hereby grants authorization and permission to the Party of the First Part to locate, construct, operate, repair and maintain a 6 inch gas transmission line through the corporate territory of the Party of the Second Part on the route and all as designated on the map hereto attached and made apart hereof of this agreement. 2. That the consideration for this authorization and permission for a change of route for the location, construction, operation, repair and maintenance of said gas transmission line through the corporate territory of the Party of the Second Part is the consideration and the covenants contained in the agreement heretofore entered into by and between said parties on the 9th day of June, 1965. 3. That it is mutually agreed by and between the parties hereto that this agreement serves only to amend the previous agreement entered into by and between said parties on the 9th day of June, 1965, so as to authorize a change in the route as far as the location, construction, operation, repair and maintenance of said gas transmission line through the corporate territory of the Party of Second Part, and that all other covenants and agreements contained in the original agreement dated the 9th day of June, 1965, remain in full force and effect and is binding upon said parties, their respective successors and assigns. 4. This agreement shall be in. full force and effect and shall be binding upon and the benefits hereof shall inure to the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF the parties hereto have executed two copies of this agreement, each of which shall be considered as a duplicate original, all pursuant to the authorization granted by the resolutions of the respective councils of the patties hereto. ATTE T: ~.... s i y er ATTEST: C - ~ij"° ~~ ~,~~ ~ C.~.~.z~- CITY OF BUSHNELL, McDONOUGH COUNTY, ILLINOIS ,-. /~ , BY '~~ s or CITY OF CANTON, FULTON COUNTY, ILLINOIS BY - ~--- s y r A.lOJ 1 oa~x ._...,.._. --~.... __..._ wr ,- IAd00' `Oa3X __.. . __...~r ___ .. _.._ ... .._ 7AdOJJ 3 02i3X RESOLUTION DIRECTING EXECUTION OF AN AMENDMENT TO AGREEMENT WITH CITY OF CANTON, COUNTY OF FULTON, STATE OF ILLINOIS. WHEREAS, in the construction of the improvement to the Muni- cipal Gas Utility of the City of Bushnell, County of McDonough and State of Illinois, it is necessary that the City of Bushnell locate and construct a gas transmission line through the corporate area of the City of Canton, Illinois; and WHEREAS, heretofore the City Council of both municipalities have executed an agreement in regard thereto, said agreement being dated June 9, 1965; and WHEREAS, it is necessary that said agreement be amended to provide for an alternate route for said gas transmission line through the Corporate Limits of the City of Canton, and in all other respects said agree- ment to remain unchanged and in full force and effect; and WHEREAS, a copy of said amendment to said agreement being presented to the City Council and read in full; and WHEREAS, said agreement is in terms, words and figures satisfactory to this City Council and is deemed desirable and advantageous for this City and its inhabitants. Oa3X, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bushnell, County of McDonough and State of Illinois, that said amendment to contract referred to in the preamble of this Resolution be and it hereby is approved and the Mayor and City Clerk be and they hereby are authorized and directed to execute the same on behalf of the City of Bushnell, County of McDonough and State of Illinois, all in manner and form as provided by law.