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HomeMy WebLinkAboutResolution #409~•«F C ~~ ~~~~ ~~~ RESOLUTION DIRECTING EXECUTION OF AGREEMENT WITH CITY OF BUSHNELL, Mc~ONOUGH COUNTY, ILLINOIS, WHEREAS, City of Bushnell, County of McDonough, State of Illinois, has requested City of Canton, County of Fulton, State of Illinois, to authorize said City of Bushnell to locate, construct, operate, repair and maintain a gas transmission Line in certain streets, alleys and public placed of City of Canton and for the compensation and under terms and conditions all as more fully set forth in an Agreement tendered in regard thereto, by letter dated June 2, 1965, a copy of such Agreement being hereto referred to and incorporated herein by reference thereto, and WHEREAS, said Agreement has been examined by this City Council and in terms, words and figures is satisfactory to this City Council and is deemed desirable and advantageous for this City and its inhabitants, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Canton, County of Fulton, State of Illinois, that said Contract referred to i.n the preamble of this Resolution be and it hereby is approved and the Mayor and City Clerk be and they hereby are authorized and directed to execute the same for and on behalf of City of Canton, County of Fulton, and State of Illinois, all in manner and form as required by law. REX LOMAX " JOHN J. LYONS Jr. City Clerk Mayor CITY OF BUSHNELL Office of City Clerk BUSHNELL, ILLINOIS June 1, 1965 Pr(ayor and City Council of-the City cf Canton Canton, Tllinois Dear P,~ayor and Council; For and on behalf of the Citv cf ~?ushnell, the undersigned requests that your Honorable Body officially grant permission to the City of Bushnell to lay a ~?as transmission line in the streets and alleys of your City pursuant to the agreement hereto attached. Your kind cooperation in this matter will indeed be a;~preciated by the City of Bushnell. Thanking you, we remain Respe ctfully yours, C IT`r C--F~BUSfi~TELL .. ~ JoYS~ J . " T~on~",- ~r . , Tzlayo r Fn c . THIS AGREEMENT made and entered into this day of June, A. D., Ig65 by and between CITY OF BUSHNELL, McDonough County, State of Illinois, a Municipal Corporation, hereinafter referred to as "Party of the First Part" and CITY OF CANTON, County of Fulton, State of Illinois, a Municipal Corporation, hereinafter referred to as "Party of the Second Part"; WITNESSETH: WHEREAS, Party of the First Part is engaged in the improvement of its Municipal (has Utility, a portion of which improvement includes the construction of a gas transmission line from the gas utility of the Party of the First Part to a point of connection on the pipeline of Panhandle Eastern Pipe Line Company within the corporate area or without such corporate area of the Party of the First Part in either event being adjacent to the east border of such corporate area; and WHEREAS, in the construction of said gas transmission line by Party of the First Part it is necessary and advisable that the Party of the First Part construct a gas transmission line through the corporate area of the Party of the Second Part with such line located on streets, alleys and public places of said Party of the Second Part all as more fully delineated on a plat hereto attached and made a part of this contract; and WHEREAS, Party of the First Part has requested that the Party of the Second Part grant it authorization to locate, con- struct, operate, repair and maintain said gas transmission line through the corporate boundaries of the Party of the Second Part at the location as set forth on said plat hereto attached and sub,~ect to the certain conditions hereinafter set forth and Party of the Second Part is willing so to authorize Party of the First Part. NOW, THEREFORE, the parties hereto agree as follows, for and in consideration of the mutual covenants and agreements hereinafter contained: - 1 - 1. Party of the Second Part hereby grants authorization and permission to the Party of the Second Part to locate, construct, operate, repair and maintain a six inch (6") gas transmission line through the corporate territory of the Party of the Second Part and on the route and all as designated on the map hereto attached and made a part hereof, subject however to compliance with the terms and conditions and agreements of the Party of the First Part hereinafter set forth. 2. Party of the First Part covenants and agrees that in constructing said Gas Transmission Line the same shall be constructed as Follows: (a) The gas transmission line shall be constructed in accordance with plans and specif ications prepared by Warren & VanPraag, Inc., Consulting Engineers, Decatur, Illinois dated and subject to the approval of the City Engineer of the Party of the Second Part. (b) The work shall be performed by a bonded contractor. The contractor, in addition to providing a one hundred percent performance bond to the Party of the First Part, shall provide a bond in the amount of One Thousand Dollars to the Party of the Second Part to insure proper clean-up after completion of construction. (c) During construction of the gas line, the contractor shall proceed as follows: (1) Materials delivered on the sides of the street for use on the project shall be placed in such a manner as to cause the least inconvenience to property owners and to the general public. Driveways, streets and fire hydrants are not to be obstructed at any time by the said materials. Pipe placed on the side of the streets shall be installed within twenty-four hours after delivery to the construction site except where con- struction is delayed by weather conditions or other causes beyond the control of the contractor. - 2 - (2) No street, driveway or alley shall be completely obstructed during construction of the gas line without permission of the Party of the Second Part. Travel upon the streets, or upon any intersecting street or alley shall not be hindered or inconvenienced needlessly. (3) Not more than fifteen hundred feet of trench shall be open at any one time. Suitable barricades and lights shall be installed where required to protect the public from the open trenches. (~) All poles, trees, shrubbery, fences, sewer, water, gas and electric lines shall be supported and pro- tected from injury by the contractor during construction of the gas line. (5) Where practicable all crossings under streets, driveways and sidewalks shall be made by boring under the crossing. Where driveways, sidewalks or street surfaces are cut, they shall be replaced as near as possible to their original condition. Where sidewalks or driveways are cut, the entire section to the nearest construction form shall be replaced. (6) The gas line shall be constructed of welded polyethylene coated steel pipe with suitable cathodic protection to prevent corrosion. 3. Repairs and maintenance of said gas trans- mission line, after its location and construction as of aresaid, shall be subject to such reasonable rules, regulations and specific permits as may have heretofore been, or hereafter, established by the Party of the Second Part applicable to repair and maintenance of underground gas mains or lines generally in the corporate territory of the Party of the Second Part. ~. Party of the First Part covenants to pay to the Party of the Second Part, out of the revenues from its municipal gas utility, the annual sum of Dollars for such authorization by Party of the Second Part during -3- the term of this authorization as hereinafter set forth, such payment to be made in lieu of taxes and as consideration for the authorization granted and on tY~e 1st day of each year in advance during the term of this agreement. 5. Parties hereto mutually agree that the term of this authorization shall be for a period of thirty-five (35) years commencing from the date of the execution of this Agreement, unless such term be hereafter extended by the Party of the Second Part. 6. Party of the First Part covenants and agrees that it will not serve or offer to serve any consumers within the corporate boundaries of Party of the Second Part. 7. This agreement shall be in full force and effect, and shall be binding upon, and the benef its hereof shall enure to, the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed two copies of this Agreement each of which shall be considered as a duplicate original, all pursuant to the authorization granted by resolutions of the respective councils of the parties hereto. CITY OF BUSHNELL, McDonough County, Illinois BY Its Mayor ATTEST: Its City Clerk CITY OF CANTON, Fulton County, Illinois BY: Its Mayor ATTEST: Its City Clerk -4-