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RESOLUTION NO. 922
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 incorporated by reference, with Central Illinois
Public Service Company; and,
WHEREAS, the City Council of the City of Canton, Fulton County,
Illinois 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
passage by the City Council of the City of Canton, Fulton County,
Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County,
Illinois this 5th day of January 1982 and upon a
roll call vote as follows:
AYES• Aldermen Kovachevich, Hammond, Selfridge, Sarff, Grant, Carl,
Clarke.
NAYS : None .
ABSENT: Alderman Horr
APPROVED:
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Donald E. Edwards, Mayor.
ATTEST:
Na cy Whi es, City Clerk.
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POLE USE AGREEMENT
THIS AGREEMENT, made and entered into this 5th day of January
1982, 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 considera-
tion of the mutual covenants and conditions hereinafter set forth, the parties
hereto hereby agree as follows:
1. The party of the first party hereby grants to the party of the second
part a permit to use the pole of the party of the first part the location 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 appliances
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 appli-
ances herein provided for, shall be install 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.
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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 contractors or sub-
contractors 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 first part to indemnify the party
of the second 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 here-
unto affixed the day and year first above written.
ATTEST:
N ncy S. ites, City Clerk
CITY OF CANTON, ILLINOIS
Donald E. Edwards, Mayor
CENTRAL ILLINOIS PUBLIC SERVICE COMPANY
BY:
Vice President
ATTEST:
Ass. Secretary