Loading...
HomeMy WebLinkAboutOrdinance #0709_ ~ :. •, ~- ORDINANCE NO ~ ~ AN ORDINANCE Authorizing The 6cecution 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 ~._ ...~. ~,,. PASSED ~- ' 1 ~ ~ 9 '~ ~ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR STREET LIGHTING N SERVICE: 0 LL Mayor & N SECTION 1. Be it ordained by the City Council of the City of N Canton ,County of Fulton and State of Illinois, that the e following agreement for street lighting service be entered into for and on behalf of said municipality: AGREEMENT THIS AGREEMENT, 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 SER- VICE COMPANY, 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 Municipality, within its corporate limits and in accordance with the terms and conditions hereinafter set forth, street lighting service from 783 electric lamps and . 5 traffic signals from the date of this agreement until March 10, 1982 Municipality agrees to pay Company monthly the following amounts, each bill to be paid on or before the 15th day of the month next succeeding that in which the service was rendered: Monthly payments: $ 2,843.80 All apparatus and equipment to be furnished or maintained by the Company under this agreement 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 Municipality to have failed to burn during any portion of any period in which the same should be kept burning under this agreement, a deduction from the contract price hereinabove specified, at the proportional 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 Municipality; provided that Municipality shall give Cornpany prompt notice of such failure; and provided further that no deduction from the contract price shall be made to the extent such failure is due to Municipality's delay in maintaining Municipality's system. All apparatus and equipment furnished by the Company under this agreement shall be and remain the property of the Company. Page Orte Of the electric lamps hereinbefore mentioned, 766 shall be owned by the Company, shall burn from dusk until dawn every night, and shall be of the following respective ratings: Class A: 518 - 175 Watt MV on Existing Poles Class B: 35 - 175 Watt MV on Special Wood Poles Class C: 127 - 400 Watt P1V on Existing Poles Class D: 14 - 400 Watt PN on Special Wood Poles Class E: 72 - 400 Watt MV on Metal Poles Class F: 0 - 400 Glatt MV on Embedded Steel Poles Class G: 0 - 175 Watt MV on Fiberglass Pedestals Subject to the express condition that if at any time the Municipality shall request an extension of the Company's lines in excess of 400 feet for the installation of any one lamp, the Municipality shall pay the Com- pany the cost of constructing that part of such extension in excess of 400 feet, the Company agrees, upon request by the Municipality expressed through proper ordinance or resolution, to furnish, install and maintain, throughout the then remaining portion of the period of this contract, in like manner as herein- above provided, as many additional lamps of any one or more of the classes hereinaeove 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 succeeding that in which service is rendered: Class A: $ 40.00 per year Class B: $ 75.00 per year, price available until June 1, 1980 .* Class C: $ 100.00 per year, price available until June 1, 1980 .* Class D: $ 135.00 per year, price available until June 1, 1980 .* Class E: $ - - per year, price available until Not Available •* Class F: $ 210.00 per year, price available until June 1, 1980 .* Class G: $ 115.00 per year, price available until June 1, ]980 -* Of the total number of electric lamps hereinbefore on Page 1 of this agreement mentioned, 17 lamps shall be owned by the Municipality. Those Municipally owned lamps which are installed on poles owned by °D the Municipality will be maintained by the I~lunicipality .Those Municipally owned lamps which are installed on poles owned by the Company will be maintained by the Company. When the Company N maintains Municipally owned lamps, Company will, throughout the term of this agreement, maintain, N renew and replace as needed all items of equipment for said lamps. Said maintenance, renewals and re- c placements shall be promptly performed by Company, for which Municipality shall promptly pay to Company the Company's actual cost thereof for all items other than glassware and globes, and replacing glassware and globes, upon submission to the Municipality by Company of bills therefor, provided that if lamps and glassware originally furnished by Municipality were defective then Municipality shall reim- burse Company for the renewal and replacement of such defective lamps and glassware. Municipality will make available to Company such items of equipment, including non-standard glassware, as are not regu- larly carried in Company's stock. All property so furnished by the Municipality shall be and remain the property of the Municipality. All lamps shall burn from dusk until dawn every night and shall be of the following ratings: Class H: 7 - 175 Watt MV Class I: 10 - 250 Watt Sodium Vapor Class J: Class K: Additional lamps of the above classes may be added as noted below: Class H: $ 24.00 per year, price available until .* Class I: $ 32.00 per year, price available until .* Class J: $ per year, price available until .* Class K: $ per year, price available until .* *AFTER JUNE l , 1980 ,PRICE AVAILABLE ON REQUEST. PRICES QUOTED AFTER SAID DATE(S) WILL BE CONSISTENT WITH CURRENT "STREET LIGHTING BASE PRICES" AT THE TIME OF THE REQUEST. ALL SUCH QUOTATIONS WILL BE FURNISHED IN WRITING AND SHALL BE ATTACHED TO, AND BECOME A PART OF, THIS AGREEMENT. Municipality shall protect, indemnify and save harmless the Company from all damages, injuries to persons, claims and demands of every kind arising from, occasioned by or connected with the erection, mainten- ance or operation of the ornamental posts or poles together with all equipment and appliances pertaining to Municipality's said street lighting system; provided that Municipality shall not be required to protect, indemnify and save harmless the Company from claims and demands due solely to the negligence of the Company or its employees. Page 7'wo The traffic signal system for which electric energy only is to be furnished hereunder shall be owned, installed and maintained, including replacement of all lamps and glassware, by the Municipality, shall total 18, 432 watts and shall consist of the following: N M 0 N N Q 52 - 64 vratt lamps at 5th & Oak 52 - 64 watt lamps at Main & Ash 52 - 64 watt lamps at Avenue C & Locust 80 - 64 watt lamps at Main & Locust 52 - 64 watt lamps at North Main & Lincoln Road Company further agrees that upon request by Municipality expressed through proper ordinance or resolution, Company will furnish electric energy only for as much additional traffic signal connected load, at the rate of $6.00 per one hundred watts of connected load per year, as may be so requested, payment therefor to be made in twelve equal monthly installments, each installment to be paid on or before the 15th day of the month next succeeding that in which such service is rendered. At the termination of this agreement the Company shall have the right to remove the property, or any part thereof, furnished and/or installed by it under this agreement, and such right shall continue until the expira- tion of ninety (90) days next following written notice to the Company from the Municipality to so remove said property. Company will file with the Illinois Commerce Commission immediately following the execution of this agree- ment aschedule of the rates and charges required to be paid hereunder, and upon the expiration of thirty days from such filing of the same, unless prior thereto such schedule shall be suspended by said Commission, this agreement shall become effective and shall operate to cancel and annul that certain agreement hereto- fore entered into by and between the parties hereto under date of January 17, 1978 except as to amounts, if any, then owing by either of said parties to the other. The first of said 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 becomes effective. If the first of said monthly installments is for a period less than one month, an adjustment shall be made on the basis of the proportionate part of the calendar month in said first service period. 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 schedule of rates and charges shall be suspended by the Illinois Commerce Commission within said thirty-day period, this agreement shall be of no force and effect. Page Three This agreement shall inure to and be binding upon all successors and assigns of the Company. a 0 N a IN WITNESS WHEREOF, the said Central Illinois Public Service Company has caused this instrument 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 affixed; and the said City of Canton has caused this instrument to be executed in its corporate name by its Mayor and attested by its City Clerk and its corporate seal to be affixed this xxxxxxxxxxxxxxday of xxxxx.~xxxxxxxxxx~ 19 xx . SECTION 2. The respective officers in said agreement named 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 conflict herewith are hereby repealed. SECTION 4. This ordinance shall take effect from and after its passage, approval and, if necessary, its recorda- tion. / ~ ~ Passed -~ ~'~ -1 X~ = f ~ 19~ Approved (~-~~ ~}L-c,-~~ ~ ~ ~ 19 ~ z`1~t Recorded C~. ~ ~-~-.;(„i ~ ~ 19~ ~l ATTEST: _ ~.r a City Clerk f. .. ~' .G Mayor Page Four . • ` CERTIFICATE STATE OF ILLINOIS l County of Fulton J)J 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 0 N N said City . do hereby certify that the foregoing is a true, correct and complete copy of Ordinance No. ,entitled "Aa Ordinance authorizing the execu- 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 Nlayor and City Counc i 1 of acid City of Canton .held on the day of A. D. 19 ,approved and signed on the ~ ~ ~~~ day of G~ -'~.-c -k-- , A. D. 19 7 ~/' , and recorded on the 18 ~~ day of GZ.~a..LL~- , A. D. 19 ~ y , as said Ordinance appears from the rccorda in my of6cc. Given under my hand and the corporate seal of said City of Canton this /~/ ~'~ day of C.(_~z~t.t..E.,, , A. D. 19 7 ~/ yrZ~ -~~= - --- C i ty Clerk CENTRAL ILLINOIS PUBLIC SERVICE COMPANY GENERAL OFFICES 607 EAST ADAMS • SPgINGFIELD, ILLINOIS 62701 .217/523-3600 TO : CITY OF CANTON DATE : June 30, 1980 Community ATTENTION: City Clerk SUBJECT: Street Lighting Agreement Ordinance No. 709 Date Signed: 4/18/79 With reference to your inquiry concerning the provisions of the above subject Street Lighting Agreement, this is to advise you that additional street lighting units may be installed as noted below: Class A: $ 40.00........... per year Class B: $ 80.00........... per year, price available until 6/1/81 Class C: $ ,UOO.OO.......... per year, price available until . 6/1/81 Class D: $ 140.00.......... per year, price available until . 6/1/81 Class E: $ N/A per year, price available until Class F: $ 2 27.00 (35').... per year, price available until 6/1/81 Class G: $ 115.00.......... per year, price available until 6/1/81 Class H: $ 24.00.••••.•••.• per year, price available xHs per contract Class ~ I: ~ $ 32.00........... per year, price available xx . per contract. ~ ~ ~ per year, price available until ~~ ~ per year, price available until This document, and copies thereof, should be attached to file copies of the above subject Agreement and Ordinance. JGB ids : dmt cc: R.M.Pohlman, R.M.Thompson CENTENNIAL OF LIGHT R •W • Jacks on ` R&R Dept. File 1879 1979 ~ esp ctfully -~, Manager Rates & Research Department Q i ~.~. INFORMATION CG~~Y ~~ AN AGREEMENT with the Central Illinois Public Service Company "'' its Successors end Assigns For Street Lighting Service ,~ in the C~T4' C~'~' ^t~''i'~`GPI County of ~~ ~~ end State of Illinois *' F INFORf~iATIOIV CGS=1 ~, AGREEMENT N O LL c THIS AGREEMENT, made and entered into in duplicate by and between the i:it~ of Cr i1t:C:1 , a municipal corporation of the State of Illinois, party of the first part, here- a inafter referred to as "Municipality", and CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, 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 Municipality, within its corporate limits and in accordance with the terms and conditions hereinafter set forth, street lighting service from ; ~'~ electric lamps and 5 traffic signals from the date of this agreement untili,~c;~t I~e~.4.i~:t. Municipality agrees to pay Company monthly the following amounts, each bill to be paid on or before the 15th day of the month next succeeding that in which the service was rendered: Monthly payments: All apparatus and equipment to be furnished or maintained by the Company under this aggreement 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 Municipality to have failed to burn during any portion of any period in which the same should be kept burning under this agreement, a deduction from the contract price hereinabove specified, at the proportional 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 Municipality; 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 extent such failure is due to Municipality's delay in maintaining Municipality's system. All apparatus and equipment fumished by the Company under this agreement shall be and remain the property of the Company. ~- Page Ore Of the electric lamps hereinbefore mentioned, ~6~ shall be owned by the Company, shall burn from dusk until dawn every night, and shall be of the following respective ratings: Class A: 5~,8 « x.75 '.watt MV cast ~aci~-tA~g Pvle>~ Class B: ~~ +. X75 wgtL i!iY tst; Sp~ciQ~ +-: Polfax- Class C: ~,~ T _ ~ ~.~ watt L:~ c~ Lx~~t~n$ I'olo~ Class D: ~~ .,. ti~tt 1"tV fan Spaeial LF~ Pupa Class E: ~~ » ~ ~,~tt fiY tit 1'I~tnl ~'talee~ Class F: r; .~ ~;.~p ~-~tt Z~ ~ ~mbadde~ Wtc~Y >~~aa Class G: ~ ,~ x.75 $ta~t 1rit ~ ~'fb~r$I~au P+e~6tt~iE- Subject to the express condition that if at any time the Municipality shall request an extension of the Company's lines in excess of -''~t~(} feet for the installation of any one lamp, the Municipality shall pay the Com- pany the cost of constructing that part of such extension in excess of tf~Q feet, the Company agrees, upon request by the Municipality expressed through proper ordinance or resolution, to furnish, install and maintain, throughout. the then remaining portion of the period of this contract, in like manner as herein- above 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 succeeding that in which service is rendered: Class A: $ ~4t~~~3 per year Class B: $ ~~,.. per year, price available until 3 ~~ ~,~~ .* Class C: $ ~.d::.::~ per year, price available until ,~~~, j, ~,~~~ Class D: $ ~~.~ per year, price available until Ttttii l~ ~.~~D .* Class E: $ ~ +* per year, price available until Nt>t ~vw~~lable .* Class F: $ 2~(3.+Jf3 per year, price available until ,Tlit-.~ ~,, ~ ~~~~ * Class G: $ ~?5,i~ per year, price available until J~:tte Iy 393] .* Of the total number of electric lamps hereinbefore on Page 1 of this agreement mentioned, ~.7 lamps shall be owned by the Municipality. Those Municipally owned lamps which are installed on poles owned by 0o the Municipality will be maintained by the hiutt,ifi~.pat~.lv~.p .Those Municipally owned lamps which are installed on poles owned by the Company will be maintained by the Company. When the Company ~t~ c maintains Municipally owned lamps, Company will, throughout the term of this agreement, maintain, N renew and replace as needed all items of equipment for said lamps. Said maintenance, renewals and re- a placements shall be promptly performed by Company, for which Municipality shall promptly pay to Company the Company's actual cost thereof for all items other than glassware and globes, and replacing glassware and globes, upon submission to the Municipality by Company of bills therefor, provided that if lamps and glassware originally furnished by Municipality were defective then Municipality shall reim- burse Company for the renewal and replacement of such defective lamps and glassware. Municipality will make available to Company such items of equipment, including non-standard glassware, as are not regu- larly carried in Company's stock. All property so furnished by the Municipality shall be and remain the property of the Municipality. All lamps shall burn from dusk until dawn every night and shall be of the following ratin s: Class H: ~ *~ ~.;~5 ~~tt Mti Class I: ~-~ ~ ~ 4t~tt Soc1J.t~ Ygprq~' Class J: Class K: Additional lamps of the above classes may be added as noted below: Class H: $ ~~+~ per year, price available until Class I: $ a~.~ per year, price available until Class J: $ per year, price available until Class K: $ per year, price available until *AFTER ~~ ~-~ ~~+~ PRICE AVAILABLE ON REQUEST. PRICES QUOTED AFTER SAID DATE(S) WILL BE CONSISTENT W[TH CURRENT "STREET LIGHTING BASE PRICES" AT THE TIME OF THE REQUEST. ALL SUCFI QUOTATIONS WILL BE FURNISHED IN WRITING AND SHALL BE ATTACHED TO, AND BECOME A PART OF, THIS AGREEhfENT. Municipality shall protect, indemnify and save harmless t}ie Company from all damages, injuries to persons, claims and demands of every kind arising from, occasioned by or connected with the erection, mainten- ® ance or operation of the ornamental posts or poles together with all equipment and appliances pertaining to Municipality's said street lighting system; provided that Municipality shall not be required to protect, indemnify and save harmless the Company from clauns and demands due solely to the negligence of the Company or its employees. The traffic signal system for which electric energy only is to be furnished hereunder shall be owned, installed and maintained, including replacement of all lamps and glassware, by the Municipality, shall total 1B~~i3Z watts and shall consist of the following: 5~ .~ 6~4 ~~Lt Ia~s eat ~t;.lt ~ O~c ~, S~ ++~ 6~- wz3tt I,t~s Ott I,~s & ~~ $~ +» ~i4 '+~~tt ~ st A~-~~ C & L~ct~st F ~#3 - 6G ~'~tt 1.~ ~~ 'resin ~ L~c;~x a 5" .~ 6~- :tt is ~t ~r~ min ~ i.i.ncc~].~ t~< N N Q Company further agrees that upon request by Municipality expressed through proper ordinance or resolution, Company will furnish electric energy only for as much additional traffic signal connected load, at the rate of ~~~~ per one hundred watts of connected load per year, as may be so requested, payment therefor to be made in twelve equal monthly installments, each installment to be paid on or before the 15th day of the month next succeeding that in which such service is rendered. At the termination of this agreement the Company shall have the right to remove the property, or any part thereof, furnished and/or installed by it under this agreement, and such right shall continue until the expira- (~ tion of ninety (90) days next following written notice to the Company from the Municipality to so remove said property. Company will file with the Illinois Commerce Commission immediately following the execution of this agree- ment aschedule of the rates and charges required to be paid hereunder, and upon the expiration of thirty days from such filing of the same, unless prior thereto such schedule shall be suspended by said Commission, this agreement shall become effective and shall operate to cancel and annul that certain agreement hereto- fore entered into by and between the parties hereto under date of ,?:,ri~,a~z ~' 1 ~, ~.r i except as to amounts, if any, then owing by either of said parties to the other. The first of said monthly installments herein provided for shall be made for service rendered during such part of the month beginning on the day on which tlus agreement becomes effective. If the first of said monthly installments is for a period less than one month, an adjustment shall be made on the basis of the proportionate part of the calendar month in said first service period. 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 schedule of rates and charges shall be suspended by the Illinois Commerce Commission within said thirty-day period, this agreement shall be of no force and effect. This agreement shall inure to and be binding upon all successors and assigns of the Company. ano IN WITNESS WHEREOF, the said Central Illinois Public Service Company has caused this instrument 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 affixed; and the said City of rn N Gr~rittxl has caused this instrument to be executed in its corporate name by Q its ~,;~~y~. and attested by its its corporate seal to be affixed this k;itr~ Clerk and day of 19 .~ CENTRAL ILLINOIS PUBLIC SERVICE COMPANY (Corporate Seal) By Vice President ATTEST: Assistant Secretary • (Corporate Seal) ATTEST: i ~, ~ CiLy' Clerk O~'~'Y O~ C,B'~i'~I1~H By ~,~ __ .i" ~yar Y Page f~'our