HomeMy WebLinkAboutOrdinance #0627~. __,.~
ORDINANCE NO C~
AN ORDINANCE
Authorizing
The ficecution 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:Ta~~~r~Ry ~i*~ 19 ~~
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR
STREET LIGHTING SERVICE:
SECTION 1. Be it ordained by the City Council
of the City of Canton ,County of
Fulton and State of Illinois, that the 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 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 the Municipality, within its corporate limits and in accordance
with the terms and conditions hereinafter set forth, street lighting service from 775
electric lamps and 5 traffic signals, for which said service from said number of
lamps and traffic signals the Municipality agrees to pay the Company the sum of
One Hundred Thirty Four Thousand Seven Hundred and no/100 ($13~~700.00)
Dollars payable during the period of this agreement in ~ monthly installments of
Two Thousand Eight Hundred Six and 25/100 Dollars ($2806.25) each,
each installment to be paid on or before the 15th day of the month next succeeding that
in which the service was rendered.
All apparatus and equipment to be furnished or maintained by the Company under this agree-
ment 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 propor-
tional 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 furnished by the Company under this agreement shall be and
remain the property of the Company.
Page Ont
Of the electric lamps ]lereinbefore mentioned, 688 shall burn from dusk until dawn
every night, and shall be of the following respective ratings:
Class A: 519 lamps of 175 Watt MV on Existing Poles
Class B: 30 lamps of 175 Watt MV on New Wood Poles
Class C: 126 lamps of 400 Watt MV on Existing Poles
Class D: i3 lamps of 400 Watt MV on New Wood Poles
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Subject to the express condition that if at any time the Municipality shall request an extension
of the Company's lines in excess of four hundred (400) feet for the installation of nay
one lamp, the Municipality shall pay the Company the cost of constructing that part of such
extension in excess of four hundred (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 man-
ner as hereinabove 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 suc-
ceeding that in which service is rendered:
Class A: S 40.00 - Existing Poles
Class B: S 74.00 - New Wood Poles, Available until June 1, 1979
lx~xx~
X~xa
Class F $ 24.00 - 175 W MV with Standard Glassware, Municipally-owned
Of the total number of electric lamps hereinbefore on Page 1 of this agreement mentioned, 79
shall be installed on ornamental posts furnished by the Company and located adjacent to,
and on the property side of, the curbs or gutters at the sides of streets. The lamps so
installed shall be enclosed in suitable glassware, shall burn from dusk until dawn every
night, and shall be of the following ratings:
Class E: 79 lamps of 400 Watt MV
lIX3L~FX~X lamps of
]~3G~FX~iX lamps of
Page Two
Of the total number of electric lamps l~ercinbefore on Page 1 of this agreement mentioned,
~ lamps shall be owned by the Municipality. Those Municipally owned lamps
which are installed on poles owned by the Municipality will be maintained by the
fiuniei n<~.].ity Those Municipally owned lamps which are
installed on poles owned by the Company will be maintained by the Company. When
the Company maintains Municipally owned lamps, Company will, throughout the term
of this agreement, maintain, renew and replace as needed all items of equipment for said
lamps. Said maintenance, renewals and replacements 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 Munici-
pality shall reimburse 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 regularly carried in Company's stock. All
property so furnished by the Municipality shall be and remain the property of the Muni-
cipality. All lamps shall burn from dusk until dawn every night and shall be of the
following ratings:
Class ~ lamps of 175 'w'att I.1V on Ornamental Foles with Standard
Glassware
Class lamps of
Class lamps of
Class lamps of
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 con-
nected with the erection, maintenance or operation of the ornamental posts together with
all equipment and appliances pertaining to Municipality's said ornamental 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 Com-
pany or its employees.
Page Two (a )
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:
~r 52 - 64 watt 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 six dollars ($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 prop-
erty, or any part thereof, furnished and/or installed by it under this agreement, and such
right shall continue until the expiration 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 execu-
tion of this agreement a schedule 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 effec-
tive and shall operate to cancel and annul that certain agreement heretofore entered into
by and between the parties hereto under date of September 21, 1976
except as to amounts, if any, then owing by either of €aid 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 48 monthly installments is for a period less than one month,
an adjustment on the basis of the proportionate part only of the calendar month in said
first service period shall be made and a like adjustment shall be made in said sum of
$ 134, 700.00 to reflect the adjustment made in said first monthly installment. Said
schedule of rates and charges, if not suspended during said thirty-day period, shall there-
after 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
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This agreement shall inure to and be binding upon all successors and assigns of the Company.
~rr" IN WITNESS WHEREOF, the said Central Illinois Public Service Company has caused this in-
strument to be executed in its corporate name by its President or a Vice President and attested by its
Secretary or an Assistant Secretary aad its corporate seal to be affixed; aad the said City
of Canton has caused this instrument to be executed is its corporate name by its
Mayor and attested by its City Clerk and its corporate seal
to be affixed this xxxxxxxxxxxxxx day of xxxxxxxxxxxxxxxxxxxxxx , 19 xx .
SECTION Z. 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
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a SECTION 3. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall take effect froth and after its passage, approval and, if necessary, its
recordation.
Passed__ ~_~ N ~ ~_ R~____~_ ~ ~________19~_
Approved _ ~ ~_ ni L~. /4 /C~ J l ~ 1 g ~ ~+ ~'
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Recorded---S-p--'~-~-~-~t--~- --------19~ ~ -~--- ----~~-- --~`'~~=G~--=------------
Mayor
ATTEST:
City Clerk
Pape Four
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CERTIFICATE
~, STATE OF ILLINOIS
County of Fulton ~'
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
said City , do hereby certify that the foregoing is a true, correct
and complete copy of Ordinance No. , eatitled "An 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 meetiag of the City Council
of said City of Canton ,held on the / `J t N day of J ~ ~ u ~ R~
A. D. 19 78' ,approved and signed on the i 7 t "~ day of S ~ '~ ~~ ~ ~ ~ , A. D. 19 7 ~ ,
and recorded on the ~ ~ ~ r~ day of ,~~ p ,~ u ra ~ ~ , A. D. 19 7~' .
as said Ordinance appears from the records in my office.
Given under my hand and the corporate seal of said City of
Canton ~~ a ~ ,-H ~y of S iq N u ~ R~/ , A. D. 19
G ity Clerk