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HomeMy WebLinkAboutResolution #0977`~~ . 1_. `+,~' A RESOLUTION APPROVING A CERTAIN POLE USE AGREEMENT AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME. WHEREAS, the Streets and Traffic Committee of the City Council of the City of Canton, Fulton County, Illinois has determined that it is in the best interest of the City of Canton to enter into a certain "Pole Use Agreement" , a copy of which is hereto attached and which is herein incor- porated by reference, with Central Illinois Public Service Company; and, WHEREAS, the City Council of the City of Canton, Fulton County, Illi- nois has made a similar determination. NOW, THEREFORE, BE IT, AND IT HEREBY IS, RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Pole Use Agreement hereto attached is approved by the City Council of the City of Canton, Fulton County, Illinois. 2. That the Mayor and the City Clerk are hereby authorized and directed to execute the same on behalf of the City of Canton, Fulton County, Illinois. 3. That this Resolution shall be effective immediately upon its pass- age by the City Council of the City of Canton, Fulton County, Illinois RESOLUTION N0. 977 and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois this 21St day of December 19 82 and upon a roll call vote as follows: AYES: Aldermen Horr, Larsen, Carl, Grant, Sarff, Savill, Hammond. NAYS: None. ABSENT: Alderman Kovachevich. APPROVED: ~~ ~~~ ATTEST: POLE USE AGREEMENT THIS AGREEMENT, made and entered into this 21St day of December 19 82, by and between the City of Canton, hereinafter sometimes called the party of the first part, and Central Illinois Public Service Company, hereinafter sometimes called the party of the second part. W I T N E S S E T H WHEREAS, the party of the second part is now supplying electric service for use on the party of the first part's street lights located at the south- west corner of Locust Street and Main Street, Canton, Illinois. WHEREAS, the party of the second part is desirous of installing and operating electric lines as shown on the blue print attached hereto and hereby made a part hereof, and in doing so, desires to use the pole of the party of the first part, in the manner as shown on the said blue print. NOW, THEREFORE, in consideration of the premises and of One Dollar ($1.00) and other good and valuable considerations in hand paid by each party to the other, the receipt whereof is by each party hereby acknowledged, and in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto hereby agree as follows: 1. The party of the first part hereby grants to the party of the second part a permit to use the pole of the party of the first part the loca- tion of which is shown on the attached blue print, in the manner shown on said blue print, subject to and in accordance with the following terms and conditions. 2. The party of the second part shall furnish all the materials and pay for all the labor necessary to install and/or maintain the equipment and/or applicances herein provided for. 3. The party of the second part shall secure and pay for the permits, which may be necessary for the installation, maintenance and/or removal of the equipment and/or appliances herein provided for. 4. The party of the second part 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 such other governmental body as shall have authority in the premises. -1- 5. Party of the second part agrees to indemnify party of the first part against and save it harmless from all claims arising from any act or omission, negligent or otherwise, of party of the second part or its con- tractors or subcontractors while engaged in the constructing, operating, renewing, altering, inspecting, or maintaining said electric line. It is hereby understood that the foregoing does not require the party of the second part to indemnify the party of the first part against the sole negligence of the party of the first part. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by their officers thereunto duly authorized and their seals to be hereunto affixed the day and year first above written. CITY OF CANTON, ILLINOIS By: ~ ATTEST: CENTRAL ILLINOIS PUBLIC SERVICE COMPANY By: Vice Pre dent C G~ ATTEST: -` Cam/, ~. d4.~i Assistant Secretary -2- .., N T7N - RgE- 4PM FULTdN CUt1 N Ty w. LOCUST ST. ~ cu. ~..-- CIPS ,30' POLE ~UNuSED #4 DUPLEX I5' -,~• 3c~' ~TANARD, 40v WAIT MERCURY < '~` VAPOR STRtE"~ Li GN T ~, TRAF f:"IC ~I~, SIGNALs 4 ;~ PIN ~"EEDc(? AQM ux ~ N Z ~, iN3ULATUR C1.EVt5 CIPS LIGNT ~ ~` !-~ STA-NUARD i 2. '~ ~ STEEL L - G+~T -q~ ~ POLE owNED By C17y CAN{T(jh} LEt~£ND: ["~ G-TY OWNED MTL. Pvr_E ~ P~1rE TU B~ REr~tov~.D i>F:'O pC 5F L~ A T i A~: N M E1~tT 1"0 w CIPS. OWNED MTL ~C7LE ITY <7V~f N E~ Mere. 5-r~E~r ~IC~T ~TRfl~"~"tC S1GNA~_ ~TANpA~~ NewstD++ WiTM CIPS 2 WI RE SE~zt~-S DATA SCA4! 1 ~ _ ~ ~ A-i. CEMTRIII ILLN~IS PU$LICSERVICE COMPANY ~~ ~F ~T LI GNT ~ ~TRI PLEX DAT! `~'9` 82 A.P. CHRt5TMA5 L1GNZ ~-RCu4T ~T APP. NESTERN DIVISION - tMK, APP. 9EARDSTOIMN, ILLINOIS FILE N0. •~ -109 ~c5-~' n ~_ ,_ ~t ~2