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HomeMy WebLinkAboutOrdinance #1316ORDI~ICE ~O. 1316 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CENTRAL ILLINOIS PUBLIC SERVICE COMPANY CUSTOMER POLE USE AGREEMENT: Be it ordained by the Council of the City of Canton, Illinois: SECTION 1. The Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute and deliver for and on behalf of the City of Canton, Illinois and the Central Illinois Public Service Company Customer Pole Use Agreement, a copy of which is attached hereto and made a part hereof. SECTION 2. All Ordinances, or parts of Ordinances in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall take effect from and after its passage, approval and, if necessary, its recordation. r PRESENTED July 2 , 1991 PASSED July 2, 1991 APPROVED July 2, 1991 RECORDED July 3, 1991 ~~ Mayor of The City of Canton ATTEST: ty Clerk Publication Instructions Do nofi publish C.~ publish in pamphlet form only CJ f ublivl~ in a general circulation newspaper (SEAL) ®.~.._~~ fit. Date CDS'PQlmt POIi OSi ~ THIS AGREEMENT, made and entered into this 25th day of June, 1991, by and between Central Illinois Public Service Company, an Illinois corporation, hereinafter called "GIPS", and The City of Canton, c/o Mr. Don Edwards, Mayor, Canton, Illinois 61520, hereinafter called the "Customer". WITNESSETH: WHEREAS, GIPS ie now supplying, or is about to supply Customer with electric service for use on Customer's premises located in Canton, Illinois. WHEREAS, Customer is desirous of contacting fifty (50) street light poles for mounting of flags as shown on the attached maps 274-A, 274-C, and 274-D, attached hereto and hereby by reference made a part hereof, and in so doing, desires to use the poles of GIPS, in the manner ae shown on the said prints. THEREFORE, in consideration of the premises and One Dollar and No/100 ($1.00) in hand paid, the receipt whereof is hereby acknowledged, and in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows: 1. LIPS hereby grants to Customer a revocable permit to use the pole or poles of GIPS, the location of which are shown on the attached print, in the manner shown on said print, subject to and in accordance with the following terms and conditions. a. Customer shall furnish at its expense all the materials, and necessary labor for the initial installation of the equipment and/or appliances herein provided for. Subsequent to initial construction, Customer shall furnish at its expense all the materials, and CIPS shall furnish at Customer's expense the necessary labor for the installation, maintenance and/or removal of the equipment and/or appliances herein provided for and neither Customer, nor anyone authorized by him, except the employees of CIPS, shall at any time qo upon said poles for any purpose whatsoever, without written permission from CIPS. b. Customer shall secure and pay for all permits, which may be necessary for the installation, maintenance and/or removal of the equipment and/or appliances herein provided for. c. Customer agrees that all the equipment and/or appliances herein provided for, shall be installed and maintained in strict accordance with the rules, regulations and/or orders of the Illinois Commerce Commission and/or other governmental body as shall have authority with respect thereto. d. Customer agrees that if it should ever become necessary or desirable for any reason whatsoever, for CIPS to relocate, replace or remove the pole or poles herein authorized to be used by Customer, Customer shall pay to CIPS the cost of removing said equipment and/or appliances and replacing same on the new or relocated poles. e. Customer agrees to defend, indemnify and save harmless CIPS, its directors, officers and employees (hereinafter and heretofore collectively called CIPS) from all loss, costa, damage and/or expense arising out of any claim, action, suit, or demand (hereinafter called claim) whether such claim be either common law or statutory or ordinance newly created or existing, or judgment for damages or injuries, including death, to any person, firm or corporation whatsoever, including but not limited to, claims of third parties, -2- employees of CIPS and their dependents or personal representatives, employees of Customer and their dependents, or for injury or damage to property, includ- ing but not limited to, adjoining and adjacent property, buildings, driveways, walks, yards, fences and livestock including the loss of use thereof by any person or entity, arising out of the presence or on account of the installa- tion, maintenance, operation and/or removal of the equipment and/or appliances herein provided for and/or the presence of electricity upon or its escape from said equipment and/or appliances or anything connected therewith or thereto. In the event any such claim is made, brought or asserted against CIPS, Customer after being duly advised by LIPS, shall, at the option of CIPS, either (a) immediately assume responsibility for the claim and defend any and all actions or suits brought thereon and protect and save harmless CIPS from the payment of any damages, expenses, judgments or awards in connection therewith, or (b) pay all costs, including court, investigative and discovery costa, attorneys fees, judgments and awards which may arise from CIPS defending any such claim brought or asserted against LIPS and/or Customer arising front the presence, or use of or on account of the installation, maintenance, operation and/or removal of the equipment and material hereinabove described. Customer and CIPS expressly agree and understand that the aforesaid indemnification obligation dose not require Customer to indemnify and save harmless CIPS from any loss, coat., damage and/or expense arising out of any negligent act or omission of LIPS. f. This agreement may be terminated at any time upon thirty (30) days written notice by either party to the other and upon the termination hereof for any cause, the equipment and/or appliances hereinbefore described shall be removed from the poles of CIPS within ten (10) days of such termination, such removal to be made by CIPS at the expense of the Customer, as hereinbefore provided. -3- IN WITNESS WHEREOF CIPS has caused this agreement to be signed by it• officers duly. authorized and its corporate seal to be hereunto affixed and Customer has hereunto placed his hand and seal the day and year first above written. CENTRAL ILLINOIS PUBLIC SERVICE CO. BY: Vice President ATTEST: Assistant Secretary THE CITY OF CANTON SY: r Don Edwards, Mayor ATTEST: (SEAL) -4- CERTIlZGS's STATE OF ILLINOIS ) SS. COUNTY OF FULTON ) I, -Nancy Whites , 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 and complete copy of Ordinance No. ~~ entitled "An Ordinance Authorizing The Execution Of A Central Illinois Public Service Company Customer Pole Use Agreement" passed at a meeting of the City Council of said City of Canton, held on the 2nd day of Jay 1991, approved and signed on the 3rd day of July ~ , 1991, and recorded on the 3rd day of July , 1991, as said Ordinance appears from the records in my office. Given under my hand and the Corporate Seal of said City of Canton, this 3rd day of July , 1991. City lerk City of Canton (SEAL) CENTRAL ILLINOIS A-2983 (7.89) PUBLIC SERVICE COMPANY DNA/W.O. Distribution ~~9/CONTRACTIMISCELLANEOUS RECEIPT No. Date of Deposit 12017 . Payment has been rendered to and receive y IP Co. in the amount of $ ~• ~O ~~ from: Customer Name Customer Service Accou t No. applic ble) Street Address ~~ _ & Zip Code Cit y er's Name (if different than customer) Pa y Check # (if applicable) This represents payment for: Accounts Receivable -Cycle 70 Billing (notify Treasury) A/C 25.11 Accounts Receivable -Local Office; CCT # (if applicable) A/C 25.12 Accounts Receivable -General Office; MAT # (if applicable) AIC 25.25 Accounts Receivable • J.O. & Misc. Billing; Invoice # (notify Treasury) AIC 25.40 * Billable Work Order Advance Payment - W.O. # (see reverse) AIC 44.00 * Firm Quote Work Order Project - W.O. # A/C 44.00 * Billable Job Order Advance Payment - J.O. # (see reverse) A/C 47.00 * Firm Quote Project Tracking Job Order - J.O. # A/C 48.98 * Refundable Advances for Construction -Electric Rural Extensions ~ Other A/C 82.01 efundable Advances for Construction -Gas * R Main Extensions ~ Other A/C 82.02 * Non-Refundable Contributions in Aid of Const.-Electric Underground Service Ext. Excess Facilities A/C 94.01 8 Street Lighting (Includes Other DD Lighting) * Non-Refundable Contributions in Aid of Const.-Gas Service Extensions Excess Facilities AIC 94.02 B Other * ~ Other * Additional Information required: Description of Work: Amount Calculated By: Associated DWA: Associated WO: Associated NBI: Deposited on ~ ~p ~atL~~ Cashier Depositing Office $ /~ oD 12 017 Amount Receipt # Plant A/C or $ Split ~~-~ ~~ IPS Represent tive ate n Payer Date Signature denotes agreement with Terms & Conditions on reverse side. PAYER ., CQ81+Q1~[t POLE IISE IYBREEl~N'1' THIS AGREEMENT, made and entered into this 25th day of June, 1991, by and between Central Illinois Public Service Company, an Illinois corporation, hereinafter called "GIPS", and The City of Canton, c/o Mr. Don Edwards, Mayor, Canton, Illinois 61520, hereinafter called the "Customer". WITNESSETH: WHEREAS, GIPS is now supplying, or is about to supply Customer with electric service for use on Customer's premises located in Canton, Illinois. WHEREAS, Customer is desirous of contacting fifty (50) street light poles for mounting of flags as shown on the attached maps 274-A, 274-C, and 274-D, attached hereto and hereby by reference made a part hereof, and in so doing, desires to use the poles of GIPS, in the manner as shown on the said prints. THEREFORE, in consideration of the premises and One Dollar and No/100 ($1.00) in hand paid, the receipt whereof is hereby acknowledged, and in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows: 1. GIPS hereby grants to Customer a revocable permit to use the pole or poles of GIPS, the location of which are shown on the attached print, in the manner shown on said print, subject to and in accordance with the following terms and conditions. a. Customer shall furnish at its expense all the materials, and necessary labor for the initial installation of the equipment and/or appliances ~ } herein provided for. Subsequent to initial construction, Customer shall furnish at its expense all the materials, and CIPS shall furnish at Customer's expense the necessary labor for the installation, maintenance and/or removal of the equipment and/or appliances herein provided for and neither Customer, nor anyone authorized by him, except the employees of CIPS, shall at any time go upon said poles for any purpose whatsoever, without written permission from CZPS. b. Customer shall secure and pay for all permits, which may be necessary for the installation, maintenance and/or removal of the equipment and/or appliances herein provided for. c. Customer agrees that all the equipment and/or appliances herein provided for, shall be installed and maintained in strict accordance with the rules, regulations and/or orders of the Illinois Commerce Commission and/or other governmental body as shall have authority with respect thereto. d. Customer agrees that if it should ever become necessary or desirable for any reason whatsoever, for LIPS to relocate, replace or remove the pole or poles herein authorized to be used by Customer, Customer shall pay to LIPS the cost of removing said equipment and/or appliances and replacing same on the new or relocated poles. e. Customer agrees to defend, indemnify and save harmless CIPS, its directors, officers any called CIPS) from all claim, action, suit, or either common law or judgment for damages or corporation whatsoever, 3 employees (hereinafter and heretofore collectively loss, costs, damage and/or expense arising out of any demand (hereinafter called claim) whether such claim be statutory or ordinance newly created or existing, or injuries, including death, to any person, firm or including but not limited to, claims of third parties, -2- employees of CIPS and their dependents or personal representatives, employees of Customer and their dependents, or for injury or damage to property, includ- ing but not limited to, adjoining and adjacent property, buildings, driveways, walks, yards, fences and livestock including the loss of use thereof by any person or entity, arising out of the presence or on account of the installa- tion, maintenance, operation and/or removal of the equipment and/or appliances herein provided for and/or the presence of electricity upon or its escape from said equipment and/or appliances or anything connected therewith or thereto. In the event any such claim is made, brought or asserted against CIPS, Customer after being duly advised by CIPS, shall, at the option of CIPS, either (a) immediately assume responsibility for the claim and defend any and all actions or suits brought thereon and protect and save harmless CIPS from the payment of any damages, expenses, judgments or awards in connection therewith, or (b) pay all costs, including court, investigative and discovery costs, attorneys fees, judgments and awards which may arise from CIPS defending any such claim brought or asserted against LIPS and/or Customer arising from the presence, or use of or on account of the installation, maintenance, operation and/or removal of the equipment and material hereinabove described. Customer and CIPS expressly agree and understand that the aforesaid indemnification obligation does not require Customer to indemnify and save harmless LIPS from any loss, cost, damage and/or expense arising out of any negligent act or omission of CIPS. f. This agreement may be terminated at any time upon thirty (30) days written notice by either party to the other and upon the termination hereof for any cause, the equipment and/or appliances hereinbefore described shall be removed from the poles of CIPS within ten (10) days of such termination, such removal to be made by CIPS at the expense of the Customer, as hereinbefore provided. -3- IN WITNESS WHEREOF CZPS has caused this agreement to be signed by its officers duly authorized and its corporate seal to be hereunto affixed and Customer has hereunto placed his hand and seal the day and year first above written. ATTEST: Assistant Secretary ATTEST: (SEAL) CENTRAL IL/LI,,N~OIS PUBLIC SERVICE CO. BY : G~ct~'iyuyc Vice President ~ ~~~~ r~ 1. ^PPROVED SORLING, NORTHROP, HANNA CULLEN ~1~pCdR,pN, LTJ, OATS off- ~- J~ ~~g' THE CITY, F CANTON BY: ~~ Don Edwards, Mayor % ~ °' STATE OF ILLINOIS ) SS. COUNTY OF FULTON ) I. Nan~v Whi tac 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 and complete copy of Ordinance No. 1316 entitled "An Ordinance Authorizing The Execution Of A Central Illinois Public Service Company Customer Pole Use Agreement" passed at a meeting of the City Council of said City of Canton, held on the ~n~ day of J„~~, 1991, approved and signed on the ~r~ day of Jyl.~, 1991, and recorded on the ~,-~ day of T„~~, 1991, as said Ordinance appears from the records in my office. Given under my hand and the Corporate Seal of said City of Canton, this 16th day of _Ttiv , 1991. C1t C erk City of Canton (SEAL) MO ~ 1316 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CENTRAL ILLINOIS PUBLIC SERVICE COMPANY CUSTOMER POLE USE AGREEMENT: Be it ordained by the Council of the City of Canton, Illinois: SECTION 1. The Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute and deliver for and on behalf of the City of Canton, Illinois and the Central Illinois Public Service Company Customer Pole Use Agreement, a copy of which is attached hereto and made a part hereof. SECTION 2. All Ordinances, or parts of Ordinances in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall take effect from and after its passage, approval and, if necessary, its recordation. PRESENTED July 2nd, 1991 PASSED July 2nd, 1991 APPROVED July 3rd, 1991 RECORDED July 3rd, 1991 ~~ti~ Mayor of The City of Canton ATTEST: Cit Clerk (SEAL)