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Home My WebLink AboutOrdinance #45 � . � �� . . � � _ , � ORDINANCE NO.._.�..��.............. AN ORDINANCE Authorizing the Central Illinois Public Service Company its Successors and Assigns To Construct , Operate and Maintain an Electric Light , Heat and Power System And a Gas Utility in the City of Canton County of Fulton and State of Illinois PASSED C� �� ..3 1961 EXPIRES ��--� 2011 f4; , � ' - O�DINANC E NO . �� . . AN ORDINANCE AUTHORIZING THE CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, ITS SUCCESSORS AND ASSIGN5, TO CONSTRUCT, OPERATE AND MAIN- TAIN AN ELECTRIC LIGHT, HEAT AND POWER SY5TEM AND A GAS UTILITY IN THE CITY OF CANTON, COUNTY OF FULTON AND STATE OF ILLINOLS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, COUNTY OF FULTON AND STATE OF ILLINOIS: SECTION l. There is hereby given and granted to the Central Illinois Public Service Company, its successors and assigns , hereinafter referred to as "Grantee," the right, privilege and authoriCyto construct, operate and maintainwithin the corporate . limits, as the same now exists or may hereafter be extended, of the City of Canton, hereinafter referred to as "Municipality," an electrie light, heat and power system in, along, over, under and across the streets, avenues, alleys and public places in said Municipality for the transmission, distribution and sale of electric energy, together with the right, privilege and authority to erect, construct, operate and maintain all necessary poles, conductors, wires, conduits and apparatus in, along, over, under a.nd across said streets, avenues, alleys and public places for such purposes. SECTION 2. All poles and other equipment placed or installed under this or- dinance shall be so placed, whether in streets , alleys, avenues or other public places, as not to interfere unnecessarily with travel on such streets, alleys, avenues and other public places. All poles and other equipment placed or installed under this ordinance shall be so located as not to injure unnecessarily any pipes, conduits, sewers, drains or other like public improvements, and said Grantee shall forthwith repair any damage caused to such improvements to the satisfaction of the official or officials of said Mu- nicipality having charge of the supervision thereof and in default thereof said Munici- pality may repair such damage and charge the cost thereof to, and collect the same from, the Grantee. SECTION 3. As a consideration for the rights, privileges and authorities granted by this ordinance the Grantee shall allow the Municipality, without paying other compensation therefor, to place one cross arm on poles erected under this ordinance and string thereon such wires as the Municipality may require for its police and fire alarm system; provided, that said cross arms and wires shall be used for such purpose only and shall be so placed and maintained by said Municipality, under the direction of said Grantee, as not to interfere with the operation or maintena.nce of Grantee's said system for the distribution and sale of electric energy; and, provided, further, that the Municipality shall indemnify and hold harmless the said Grantee from any and all loss a.nd damage that may be caused bythe exercise of the right given the Municipality under this section of the ordinance. � `.� - � � • SECTION 4. As a further consideration for the rights, privileges and au- thorities granted by this ordinance, the Grantee shall, throughout the p�riod in which Grantee shall exercise the rights, privileges and authority granted by this ordina.nce, furnish to the said Municipality, annually, free of cost, electric energy for lighting any rooms or buildings actually used by said Municipality for municipal purposes, a.nd for lighting the G.A.R. Hall, located adjacent to the City Hall, to the amount of 50,000 kilowatt hours. The cost of installing any and all electric equipment required in said rooms or buildings or G.A. R. Hall shall be borne by said Municipality. If said Mu- nicipality shall, for the purpose of lighting said rooms or buildings or said G.A.R. Hall, require in any year electric energy in excess of said quantity to be furnished fr�e of cost, then and in that case the Municipality shall pay for such excess in accorda.nce with Company's applicable rates, terms and conditions as from time to time approved by the Illinois Commerce Commission, such rates, terms and conditio.ns being, re- spectively, at the present time, Rate 10, Sheet 15, and Terms and Conditions, Sheet 18, all set forth in Company's Electric Service Schedule Ill. �. C. No. 9B, Section One. Neither the acceptance by the Grantee of this ordinance nor anything contained herein shall limit or abridge any right or remedy the Grantee has or would have, if this ordi- nance were not in effect, to change, modify or supersede any of the rates, terms and conditions which now are or hereafter may be applicable to any service to be rendered bythe Grantee to the Municipalityunderthis ordinance. The application ofthe Grantee's rates, terms and conditions , as from time to time approved or permitted to become effective by the Illinois Commerce Commission to the service to be rendered Munici- pality hereunder, shall in no wise be affected by the existence of this ordina.nce. SECTION 5. All poles and other equipment placed or i.nstalled by Grantee, under this ordina.nce shall, insofar as practicable, be installed in alleys and side streets under the direction of the official or officials of said Municipality having charge of the supervision thereof; and the Grantee shall, in constructing, maintaining and operating poles and other equipment, save and keep harmless the said Municipality from any loss or damage to life or property occasioned by reason thereof. SECTION 6. There is also hereby given and granted to the Central Illinois Public Service Company, its successors and assigns, hereinafter referred to as "Grantee," the right, privilege and authority to construct, operate and maintain within the corporate limits, as the same now exist or may hereafter be extended, of the City of Canton, hereinafter referred to as "Municipality," a gas transmission main for the transmission of gas into, through and beyond said Municipality, and a gas distribution system in, along, over and across the streets, avenues, alleys and public places in said Municipality, for the transmission, distribution and sale of gas, together with the right, privilege and authority to lay, install, operate and mai.ntain mains, pipes, valves and other apparatus in, alo.ng and across the streets, avenues, alleys and public places of said Municipality for such purposes. SECTION 7. All mains, pipes, valves and apparatus shall, so far as prac- ticable, be placed underground and shall be so located and laid as not to interfere with any pipes, conduits, sewers, drains, pavements or other public improveme.nts existing at the time of such location, and said Grantee shall forthwith repair any damage caused to such improveme.nts to the satisfaction of the official or officials of said Municipality having charge of the supervision thereo�. There shall be no unnecessary obstruction to the streets, avenues, alleys and public places of said Municipality in the laying, instal- lation, operation or maintenance of any of said mains, pipes, valves or apparatus. , � SECTION 8, �t all �xcavations in any street, avenue, alley or public place, the Grantee -shal�. keep red danger lights burning at night along the line of the same at . intervals of not to exceed one hundred fifty (150) feet, and shall erect •and maintain reasonable barricades at the ends of said excavations and at all street and alley inter- sections along the same. Before making a.ny excavation in any street, avenue, alley or public place, the Grantee shall notify the official or officials of the Municipality having charge of the supervision thereof of the location and extent of the proposed excavation: No excavation shall be permitted to remain open longer than may be reasonably neces- sary, and all excavations shall be properly backfilled a.nd tamped, and the surface, in- cluding pavement, if any, restored to as good state of repair and condition as before such excavations were made. The Grantee shall in constructing, operating and main- taining mains, pipe, valves or apparatus and other equipment save and keep harmless the said Municipality from any loss or damage to life or property occasioned by reason thereof. SECTION 9. The installation by Grantee of such gas distribution system in accordance with the terms and conditions hereinabove set forth, and the operation by Grantee as a public utility of said system in the distribution and saie to the public of gas within the Municipality, shall each constitute full consideration forthe rights, priv- ileges and authority hereby granted. SECTION 10. As a further consideration for the rights, privileges and au- thorities herein granted, Grantee agrees to furnish Municipality, free of cost, natu�al gas to an amount not exceeding 30,000 therms per year, of a like kind and quality as is then furnished throughout Municipality, to be used by Municipality only in rooms or buildings actually used by said Municipality for municipal purposes and for heating and cooking purposes in the G.A.R. Hall, located adjacent to the City Hall, in the City of Canton, Illinois, the cost of all equipment including the installation thereof to be borne by Municipality: Provided, however, that the furnishing by Grantee of said gas and the use thereof by Municipality shall be (a) subject to the orders, rules and regulations of the Illinois Commerce Commission or such other governmental authority having juris- diction thereof, and (b) in accordance with Grantee's applicable terms and conditions in effect at the time such service is furnished and as from time to time approved by the Illinois Commerce Commission or such other governmental authority having juris- diction thereof; And p.r.ovided further that any excess over said 30,000 therms per year desired by Municipality shall be furnished to, used, billed to and paid for by the Mu- nicipality in accordance with Grantee's applicable rates, terms and conditions in effect at the time such service is furnished and as from time to time approved by the Illinois Commerce Commission or such other governmental authority having jurisdiction there- of. Not more than 30,000 therms of gas shall be furnished free of cost by Grantee to Municipality in any year. The word "year'" whenever used in this paragraph shall mean the twelve months' period beginning with the first of the month following the date on which gas service to said rooms or buildings is first furnished or any anniversary ' date thereof. SECTION 11. The charges to be made by the Grantee for public service ren- dered by it under this ordinance shall be such as are approved from time to time by the Illinois Commerce Commission of the State of Illinois or such other duly constituted governmental authority as shall have jurisdiction thereof. � . � SECTI0�1 12. All provisions of this ordinance which are obligatory upQn a.nd which inure to the benefit of said Grantee shall also be obligatory upon a.nd shall inure to the benefit of Grantee's successors or assigns, and the word "EJrantee" whenever used in this ordinance shall mean and include not only the Central Illinois Public Service Company, but also its successors and assigns. SEC'T'ION 13. Upon acceptance by Grantee of this ordinance as hereinafter provided, the right, privilege, authorityand franchise to operate an electric light, heat and power system and a gas utility in said Municipality as hereinbefore provided shall be and remain i.n full force and effect for a period of fifty (50) years from and after the date of the passage of this ordinance o SECTION 14. No right, privilege or authority given or granted by this ordi- nance shall become effective until there shall have been filed with the City Clerk of said Municipality tt�e written acceptance of said ordinance by the Central Illinois Public Service Company. Such acceptance shall be so filed within thirty days from the pass- age of this ordinance and when so filed, shall, under the terms of said ordinance, co.n- stitute full consideration for the rights, privileges and authority hereby granted. SECTION 15. All ordinances , or parts of ordinances , in conflict herewith, are hereby repealed. SECTION 16. This ordinance shall be in full force and effect from and after its passage, approval and, if necessary, its recordation. Passed C��-G-- � , 1961. C� ,� �� Approved , 1961. Recorded `�` �`� % , 1961. ld �'- 1 L.-� Mayor Attest: c � / ��.� �� -l�� . C' Clerk � ;, "'�'► . , � CERTIFICATE - STATE OF ILLINOIS ) ) ss. County of Fulton ) I, `� ( .'��.,(' ��..�.,�c��,,C'f , the duly qualified and ,' � acting City Clerk of the City of Canton, in said County of Fulton, and the official cus- todian of the records of said City, do hereby certify that the foregoing is a true, cor- rect and complete copy of Ordinance No. �� , e.ntitled "An Ordinance authorizing the Central Illinois Public Service Company, its successors and assigns, to co.nstruct, operate and maintain an electric light, heat and power system and a gas utility in the City of Canton, County of Fulton and State of Illinois," passed at a meeting of the City Council of said City of Canton, held on the 3�.-!�day of ��-(' p� A. D. , 1961, approved and signed by the Mayorof said City on the .��.�day of �!�� , A. D. 1961, and recorded on the.1'%,—�'�day of l� �`%"L;- , A. D. 1961, as / said Ordinance appears from the records in my office. Given under my hand and the corporate seal of said City this �-�.-N� day of "' �� , A. D. 1961. �.._- y �� ' � �� C' Cle k �r . ♦. ? � ♦. i , � • • , , ACCEPTANCE � The Central Illinois Public Service Company, Grantee of the rights and priv- ileges granted by Ordinance No. 45, of the City of Canton, Illinois, passed October 3, A. D. 1961, approved October 3, A. D. 1961, and entitled "An Ordinance authorizing the Central Illinois Public Service Company, its successors and assigns, to construct, operate and maintain an electric light, heat and power system and a gas utility in the City of Canton, County of Fulton and State of Illinois ," hereby accepts said Ordinance and all the provisions thereof. In Witness Whereof, the Central Illinois Public Service Company, Grantee as aforesaid, has caused these presents to be signed by its President or a Vice President and attested by its Secretary or an Assistant Secretary and its corporate seal to be af- fixed this ��day of October, A. D. 1961. CENTRAL ILLINOIS PUBLIC SERVICE COMPANY B� . Vice Presi ent (Corporate Seal) Attest: Assistant Se retary