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Home My WebLink AboutOrdinance #188 � � 1� � . ' : .s_(. 1P'} . w � � --._r-�� ORDINANCE NO �� < o � AN OR�iNANCE Authorizing The Execution of An Agreement with the $ Central illinois � Public Service Company � its Successors and Assigns For Street Lighting Service in the CITY OF CANTON County of FULTON and State of Illinois '�wr PASSED ,�� 19(<'�� t ` w ' � ORDINANCE NO.� �� AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CENTRAL ILLINOIS PUBLIC SERVICE COIVIPANY, ITS SUCCESSORS AND ASSIGNS, FOR STREET LIGHTING SERVICE: b b H1 SECTION 1. Be it ordained by the City Council N of the City of Canton , County of e Fulton and State of Illinois, that the following agreement for street lighting service be entered into for and on behalf of said municipality: AGREEIVIENT THIS AGREEI�IENT, Made and entered into in duplicate by and between the City of Canton , a municipal corporation of the State of Illinois, party of the first part, hereinafter referred to as "Municipality", and CENTRAL ILLINOIS PUBLIC SERVICE COI�IPANY, a corporation organized and existing under the laws of the State of Illinois, party of the second part, hereinafter referred to as "Company", WITNESSETH: �►` The Company agrees to furnish the IvIunicipality, within its corporate limits and in accordance with the terms and conditions hereinafter set forth, street lighting service from 711 electric lamps and no traflic signals, for which said service from said number of lamps and traffic signals the 1VIunicipality a,u,rees to pay the Company the sum of Two Hundred Thirty Thousand Three Hundred Ztaenty Nine and 20/100($230,329.20) Dollats payable during the period of this agreement in 120 monthly installments of One Thousand Nine Hundred Ninetee�nd 41 /100 Dollars ($ 1919.41 � Qach, each installment to be paid on or before the 15th day of the month next succeeding that in which the service was rendered. All apparatus and equipment to be furnished or maintained by the Company under this agree- ment 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 1VIunicipality to have Failed to burn during any po:tion of any period in which the same should be kept burning under this agreement, a deduction from the contract price hereinabove specified, at the propor- tional rate per lamp for the time during which such lamp shall fail to burn, shall be made in the payment next thereafter made to Company by 1VIunicipality; provided that Municipality shall give Company prompt notice of such failure; and provided further that no deduction from the contract price shall be made to the exteiit such failure is due to 1VIunicipality's delay in maintaining 1�Iunicipality's system. � All apparatus and equipment furnished by the Company under this agreement shall be and remain the property of the ComFany. Page One � � . � , . � Of the electric lamps hereinbefore mentioned, 632 shall be of the following respective lumen ratings, and burning periods: � Class A: 327 lamps of 2500 burning from dusk until dawn every night. Lumen� Class B: 166 lamps of 7000 MVburning from dusk until dawn every night. L°�`°, ornamental brackets wood poles Class C: 139 lamps of 23000 MV burning from dusk until dawn every night. Lumeaa Class D: lamps of burning from dusk until dawn every night. e Lumem �'s U N O N N � Subject to the express condition that if at any time the Municipality shall request an extension of the Company's lines in excess of four hundred (400) feet for the installation of any one lamp, the Municipality 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 expres�ed through proper ordinance or resolution, to furnish, install and maintain, throughout the then remaining portion of the period of this contract,in like man- ner 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: $ 35.00 Existing Pole $42.00 New Pole Class B: $ 40.00 " " 47.00 " " Class C: $ - _ Class D: $ Of the total number of electric lamps hereinbefore on Page 1 of this agreement mentioned, 79 shall be installed on ornamental posts furnished by the Company and located adjacent to, and on the property side of, the curbs or gutters at the sides of streets. The lamps so installed shall be enclosed in suitable glassware and shall be located with a maximum separation between any two lamps of not more than two hundred (Z00) feet, and shall be of the following lumen ratings, and burning periods: Class E: 79 lamps of 23000 MV burning from dusk until dawn every night. Lumena Class F: lamps of burning from dusk until every night. Lumeni Class G: lamps of burning from dusk until every night. Lameaa �, Page T wo i : . . ' . � At the termination of this agreemenc the Company sha11 have the right to remove the property, or any part thereof, furnished and/or installed t�y it under this agreement> and such right shall continue until the expiration of ninety (90) days next following written notice to the Company from tlie Municipality to so remove said property. Company will file with the Illinois Commerce Commission immediately following the execu- tion of this agreement a schedule of the rates and charges required to be paid hereunder, and upon the expiration of thirty days froin such filing of the same, unless prior thereto "' such schedule shall be suspended by said Commission> this agreement shall become effective N � and shall operate to cancel and annul that certain agreement heretofore entered into by � and between the parties hereto under date of August 17, 1965 � except as to amounts, if any, then owing Uy either of said parties to the other. The first qof 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 be- z comes effective. If the first of said 120 monthly installments is for a period less than one y month, an ad justment on the basis of the proportionate part only of the calendar month in said first service period shall be made and a like adjustment shall be made in said sum of $ 230,329.20 to reflect the adjustment made in said first monthly installment. Said schedule of rates and charges, if not suspended during said thirty-day period, shall thereafter be and remain subject to the jurisdiction of said Commission. If said sched- ule of rates and charges shall be suspended by the Illinois Commerce Commissian within said thirty-day period> this agreement shall be of no force and effect. M 0 N `I'his agreement shall inure to and be binding upon all successors and assigns of the Cempany. 4 IN WITNESS WHEREOF, the said Central Illinois Public Service Company has caused this in- � strument to be executed in its corporate name by its President or a Vice President and attested by its Secretary or an Assistant Secretary and its corporate seal to be a-ffixed; and the said City of Canton has caused this instruinent to be executed in its corporate name by its Mayor and attested by its City Clerk and its corporate seal to be affixed this xxxxxxxxxxxxxx day of xxxxxxxxxxxxxxxxxxxxxx , 19xx , S�cTioN 2. The respective officers in said agreement nameci are hereby authorized and directed to execute and deliver said agreement for and on behalf of said City of Canton SECTION 3. All ordinances, or parts of ordinances, in con.flict herewith are hereby repealed. SzCT1o:v 4. "I'his ordinance shall take effect from and after its passage> approval and> if necessary, its recordation. Passed_---�� -----��----------- -19�6- �� Approved--- ,�- -�-�--------------19�_.,� � ,J / �. -� /� �, Recorded--�- — - ---��-----------19-f�'-� --------�-/------ ---�-- -----�;�__Gf-O� Mayor ATTEST: � v� ------ - -- ��'��-- !�� ---- --------- --- ------ ------- c�ry c f � Page Three ; -. CERTIFICATE �r' STATE OF ILLINOIS � ss. County of Fulton � I' ��°=�C��- �i . the duly qualified and acting City Clerk of the City of Canton , in said County of Fulton , and the official custodian of the records of said City , do hereby certify that the foregoing is a true, correct � N and complete copy of Ordinance No. l''�/ , entitled "An Ordinance authorizing the execu- N � tion of an agreement with the Central Illinois Public Service Company, its successors and assigns, for street lighting service", passed at a meeting of the City Council �, of said City of Canton , held on the ��6�. day of �� ,�i�� . A. D. 19�� , approved and signed on the �°17� day of ��4l�,� , A. D. 19(�,�. and recorded on the ��' `G�, day of v= A. D. 19fa� � • as said Ordinance appears from the records in my office. Given under my hand and the corporate seal of said City of Canton this �� day of , A. D. 19,�� ___(------��L��aaf��_____ ___ ____ ____�� C 1 C Ik �'