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Home My WebLink AboutOrdinance #210 . w . ORDINANCE NO�..�!� a AN ORDINANCE Authorizing The Execution of An Agresment with the Central iliinois Public S�rvic� Company its Successors and Assigns For Street Lighting Service in the CITY OF CANTON County of FULTON and State of Illinois PASSED � 19 67 . . • r ORDINANCE NO.��D ' AN ORDINANCE AUTHORIZING THE ECCESSORS ANDASSIGNSMEFOR STREETELIGHTING SERVI�CES PUBLIC SERVICE COMPANY, ITS SU CITY COUNCIL SECTION 1. Be it ordained by ofe CANTON , County of of the CITY FULTON and State of Illinois, that the following agree- ment for street lighting service be entered into for and on behalf of said munic- ipality: AGREEMENT THIS AGREEMENT, Ma.de and entered into in duplicate by and betweea �e CITY of CANTON ' nicipal corporation of the State of Illinois, party of the first part, hereinafter referred to as "Municipality" , and CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, a corporation organized and existing under the la.ws of the State of Illinois, party of the second part, hereinafter referred to as "Company" , WITNESSETH: The Company agrees to furnish the Municipality, within its corporate limits and in accordance with the terms and conditions hereinafter set forth, street lighting service from 720 electric lamps and No traffic signals, for which said service from said number of lamps and traffic signals the Municipality agrees to pay the Company the sum of Three Hundred Two Thousand Four Hundred Ninety One and 20/100 Dollars ($302,491.20 ) paya.ble during the period of this agreement in 120 monthly installments of Two Thousand Five Hundred Twenty andbeforeOthe115th day�ofothe monthhnextcsucceedingetha.t�ine paid on or which the service was rendered. It is further agreed that for each of the present 327 - 2500 lumen in- candescent installations, until it is replaced with a 7000 lumen mercury vapor installation as hereinafter provided, Company will allow a credit of $2.025 on the amount Municipality is required to pay each month under the preceding pa.ra.graph, and a like adjustment shall be made in said total sum of $ 302,491.20 to reflect the monthly adjustments . Said replacements shall be completed within the three-year period next following the effective datYa�ticable , in a.greement with replacements to be made, a.s nearly a.s p groups of not less than 100 lamps in each year in a contiguous area. of Municipa.lity. ', , .`� All apparatus and equipment to be furnished or maintained by the Company ' under this agreement shall be kept in good order by the Company, and ' if from any cause any lamp shall in any month be shown by the records of the Clerk of the Municipa.lity to have failed to burn during any portion of any period in which the same should be kept burning under this agreement, a deduction from the contract price hereinabove spe- cified, at the proportional rate per lamp for the time during which such lamp shall fail to burn, shall be made in the payment next there- after made to Company by Municipality; provided that Municipa.lity shall give Company prompt notfce of such failure; and provided further that no deduction from the contract price shall be made to the extent such failure is due to Municipality's delay in maintaining Munici- pality's s�stem. All apparatus and equipment furnished by the Company under this agreement shall be and remain the property of the Company. Of the electric lamps hereinbefore mentioned, 720 shall be owned by the Company, shall burn from dusk until dawn every night and shall be of the following respective lumen ratings: Class A: 502 mercury vapor lamps of 7000 lumens. Class B: 139 mercury vapor lamps of 23,000 lumens installed on wood poles. Class C; 79 mercury vapor lamps of 23,000 lumens installed on ornamental poles. Subject to the express condition that if at any time the Municipality shall request a.n extension of the Company's lines in excess of four hundred (400) feet for the installation of any one lamp, the Munici- pality shall pay the Company the cost of constructing that part of such extension in excess of four hundred (400) feet, the Company agrees , upon request by the Municipality expressed through proper ordinance or resolution, to furnish, install and maintain, throughout the then rema.ining portion of the period of this contract, in like manner as hereinabove provided, as many additional lamps of any one or more of the classes hereinabove specified as may be so requested, at the following prices per year, to be paid in twelve equal monthly installments, each on or before the 15th day of the month next suc- ceeding that in which service is rendered: Class A: $40.00 on distribution poles; $47.00 on new wood poles. The traffic signal system for which electric energy only is to be � furnished hereunder shall be owned, installed and maintained, in- ' cluding replacement of all lamps and glassware, by the Municipality, shall total 0 watts and shall consist of the following: Company further agrees that upon request by Municipality expressed through proper ordinance or resolution, Company will furnish electric energy only for as much additional traffic signal connected load, at the rate of six dollars ($6.00) per one hundred watts of connected load per year, as may be so requested, payment therefor to be made in twelve equal monthly installments, each installment to be paid on or before the 15th day of the month next succeeding that in which service is rendered. At the termination of this agreement the Company shall have the right to remove the property, or any part thereof, furnished and/or installed by it under this agreement, and such right shall continue until the expiration of ninety (90) days next following written notice to the Company from the Municipality to so remove said property. Company will file with the Illinois Commerce Commission immediately fol- lowing the execution of this agreement a schedule of the rates and charges required to be paid hereunder, and upon the expiration of thirty days from such filing of the same, unless prior thereto such schedule shall be suspended by said Commission, this agreement shall become effective and shall operate to cancel and annul that certain agreement heretofore entered into by and between the parties hereto under date of September 29, 1966 except as to amounts, if any, then owing by either of said parties to the other. The first of said 120 monthly installments herein provided for shall be made for service rendered during such part of the month beginning on the day on which this agreement becomes effective. If the first of said 120 monthly installments is for a period less than one month, an adjustment on the basis of the proportionate part only of the calenda.r month in said first service period shall be mad� and a like adjustment shall be made in said sum of $ 302,491.20 to reflect the adjustment ma.de in said first monthly installment: and said credit adjustments made during the incandescent lamp replacement period. Said schedule of rates and charges, if not suspended during said thirty-day period, shall thereafter be and remain subject to the jurisdiction of sa.id Commission. If said schedule of rates and charges shall be suspend- ed by the Illinois Co�nerce Commission within said thirty-day period, this agreement shall be of no force and effect. . �-. This agreement shall inure to and be binding upon all successors and assigns ' of the Company. . IN WITNESS WHEREOF, the sai.d Central Illinois Public Service Company has caused this instrument to be executed in its corporate name by its President or a Vice President and attested by its Secreta.ry or an Assistant Secretary and its corporate seal to be affixed; and the said CITY of CANTON has caused this instrument to be executed in its corporate name by its MAYOR and attested by its CITY Clerk and its corporate seal to be affixed this xxxxxxxxxxxxxxx day ofxxxxxxxxxxx� 1967. SECTION 2, The respective officers in said agreement named are hereby authorized and directed to execute 'and deliver said agreement for and on behalf of said CZTY of CANTON SECTION 3. All ordinances, or parts of ordinances, in conflict herewith are here- by repealed. SECTION 4, This ordinance shall take effect from and after its passage, approval and, if ne ssary, its recordation. � Passed �/p 1967 Approved i,C 1967 Recorded 1967 I � � Ma.yor ATTES . City C1 . . . . � ' . CERTIFICATE STATE OF ILLINOIS ss. County of Fu 1 ton I• C l/" �� . the dul ualiSed and �� Y4 acting C i ty Clerk of the C i ty of C an t on . in said County of Fulton , and the official custodian of the recorda of said City , do hereby certifq that the foregoing is a true, correct and complete copy of Ordinance No. �?�U , entitled "An Ordinaace authorizing the egecu- . tion of an agreement with the Central Illinois Public Service Companq, ita succeasora and aesigns, fot atreet lighting service", paased at a meeting of the City Council of said C i ty of C an t on , held on the lp � day of . A. D. 19 67 , approved aad signed on the (o `�. daq of , A. D. 19 67 , and recorded on the � � day of -��-e.._ , A. D. 19 67 . as said Ordinance appears from the records in my office. Given under my hand and the corporate seal of said C i ty of Canton this �� day of !/-r�-L-�. , A. D. 19 67 � ---------- - ------- � -- City C