HomeMy WebLinkAboutOrdinance #2062
ORDINANCE NO.
AN ORDINANCE
EXTENDING THE AUTHORIZATION TO
Ameren Illinois Company
d/b/a/ Ameren Illinois
ITS SUCCESSORS AND ASSIGNS
TO CONSTRUCT, OPERATE AND MAINTAIN
A GAS UTILITY SYSTEM
IN THE
Citv of Canton
COUNTY OF FULTON
AND
STATE OF ILLINOIS
PASSED I~-~~,~~I
EXPIRES
ORDINANCE NO. ~ ~1 ~
AN ORDINANCE RENEWING AN EXISTING FRANCHISE AND GRANTING FOR
A PERIOD OF 20 YEARS TO AMEREN ILLINOIS, A CORPORATION, ITS SUCCESSORS
AND ASSIGNS, THE FRANCHISE, RIGHT, PERMISSION AND AUTHORITY TO
CONSTRUCT, RECONSTRUCT, EXCAVATE FOR, PLACE, REMOVE, EXTEND,
MAINTAIN, AND OPERATE A GAS UTILITY SYSTEM IN THE CITY OF CANTON,
COUNTY OF FULTON AND STATE OF ILLINOIS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, COUNTY
OF FULTON, AND THE STATE OF ILLINOIS, AS FOLLOWS:
SECTION 1 It is the intent of the parties by this Ordinance to extend for an
additional term, subject to the terms and conditions here stated, the authorization to Ameren
Illinois, its successors and assigns, to construct, operate and maintain a gas utility system within
the city as originally authorized by an Ordinance No. 45 approved on October 3`d, 1961. The
parties acknowledge that by so doing they are continuing an existing relationship authorizing the
services of a utility for the provision of gas energy and other purposes within the city for the
benefit of its citizens and residents as well as other consumers of gas energy located within its
corporate limits.
SECTION 2. There is hereby given and granted to Ameren Illinois, its successors
and assigns (hereinafter referred to as the "Company"), the right, privilege and authority to construct,
operate, maintain and/or extend within the corporate limits, as the same now exists or may hereafter
be extended, of the City of Canton (hereinafter referred to as "Municipality"), a gas utility system for
the transmission, distribution and/or sale of gas energy and other purposes (the "System"), together
with the right, privilege and authority to lay, erect, construct, install, operate and/or maintain all
necessary mains, pipes, valves, equipment and/or other apparatus as may be necessary or convenient
for the System, in, upon, along, over, under, through and/or across each and all of the streets,
avenues, alleys, bridges, easements, rights of way and/or other public places as agreed upon by both
parties.
SECTION 3. All mains, pipes, valves and apparatus shall, so far as practicable, be
placed underground and shall be so located and laid as not to interfere with any pipes, conduits,
sewers, drains, pavements or other public improvements existing at the time of such location, and
said Company shall forthwith repair any damage caused to such improvements to the satisfaction of
the official or officials of said Municipality having charge of the supervision thereof. There shall be
no unnecessary obstruction to the streets, avenues, alleys and public places of said Municipality in
the laying, installation, operation or maintenance of any of said mains, pipes, valves or apparatus.
All facilities of Company in said Municipality shall be installed and maintained in accordance
with the applicable rules and regulations of the Illinois Commerce Commission.
When any street, avenue, or other public place shall be graded, curbed, paved or
otherwise changed so as to make the resetting or relocation of any pipes or other equipment
placed or installed under this Ordinance necessary, the Company shall make such resetting or
relocation, at the Company's cost and expense. Municipality shall provide the Company with a
suitable location for the resetting or relocation of such pipes or other equipment, and the
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Company's obligation shall be limited to resetting or relocating pipes or other equipment of the
same type and configuration as the displaced pipes or other equipment. Company shall make
such resetting or relocation within a reasonable time after receiving written notice of the need for
the same from the authorized representative of the Municipality, and the establishment by the
Municipality of the permanent grade at the new location.
SECTION 4. When any street, avenue, alley, bridge, easement, right of way
and/or other public place, upon which or in which any facilities of Company have been placed,
shall be graded, curbed, paved or otherwise changed by the Municipality so as to make the
resetting or reconstruction of such facilities necessary, Company shall make such necessary
change in construction at no cost to Municipality. Should it become necessary or should the
Company desire to use conduits or other similar fixtures, Company shall make application to the
Municipality for the establishment of permanent grades and such conduits or other similar
fixtures shall not be installed until such permanent grades have been established. The
Municipality agrees to establish promptly such permanent grades upon such application.
SECTION 5. The rates to be charged by the Company for gas service rendered
under this Ordinance shall be such as are approved from time to time by the Illinois Commerce
Commission of the State of Illinois andlor such other duly constituted governmental authority as
shall have jurisdiction thereof. All Rules and Regulations of the Illinois Commerce Commission of
the State of Illinois applicable to the rights, privileges and authority granted by this Ordinance, in the
event of conflict herewith, shall govern.
SECTION 6. As a further consideration for the rights, privileges and authorities
granted by this ordinance, the Company shall, throughout the period in which Company shall
exercise the rights, privileges and authority granted by this ordinance furnish to the said
Municipality, compensation in the amount of $32,700, payable annually, within 30 days of the
anniversary date. Municipality may request a revision to the compensation amount after five
years from the date of passage of this ordinance if Municipality has a reasonable belief that its
population has increased or decreased by 3% or more. Municipality must request the revision at
least 60 days prior to the next anniversary date. If Company confirms that the number of
customers served by the System within Municipality's corporate limits has increased or
decreased by 3% or more, the compensation amount will be revised by that percentage for the
next and succeeding payments. Municipality may request similar revisions to compensation
amounts under these criteria in additional five year periods throughout the term of this
ordinance.
SECTION 7. The rights, privileges and authority hereby granted shall inure to
and be vested in Company, its successors and assigns, successively, subject to all of the terms,
provisions and conditions herein contained, and each of the obligations hereby imposed upon
Company shall devolve and be binding upon its successors and assigns, successively, in the same
manner.
SECTION 8. This Ordinance shall confer no right, privilege or authority on
Company, its successors or assigns, unless Company shall within ninety (90) days after due
notice to the Company of the enactment of this Ordinance, file with the City Clerk an acceptance
of the terms and provisions hereof; provided, however, that if such acceptance be not so filed
within said period of ninety (90) days, all rights, privileges, and authority herein granted shall
become null and void.
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SECTION 9. All rights, privileges and authority given and granted by this
Ordinance are granted for a term of 20 years from and after the acceptance of this Ordinance as
hereinafter provided (the "Initial Term"), and thereafter on a year-to-year basis (each a"Subsequent
Term") unless either the Company or Municipality notifies the other in writing of its desire to
terminate this Ordinance at least six (6) months prior to the expiration of the Initial Term or any
Subsequent Term.
SECTION 10. The Municipality acknowledges that Company is vested in rights,
permissions and authority independent of this Ordinance. Neither acceptance of this Ordinance
nor compliance with its provisions shall impair in any way or waive any right, permission or
authority which Company may have independent of this Ordinance. In addition, neither use by
Company of public property or places as authorized by this Ordinance nor service rendered by
Company in said Municipality shall be treated as use solely of the rights, permission and
authority provided for by this Ordinance and in no way shall indicate non-use of any right,
permission or authority vested in the Company independent of this Ordinance. In the event the
Municipality vacates any streets, avenues, alleys, easements, rights of way, bridges or other public
places during the term of this Ordinance, Municipality agrees to reserve unto Company the rights,
privileges and authority herein given and granted to the Company in upon, under, along, over and
across each and all of such vacated premises which are at that time in use by the Company.
SECTION 11. All ordinances and parts of ordinances in conflict with this
Ordinance or with any of its provisions are, to the extent of such conflict, hereby repealed.
SECTION 12. This Ordinance shall not relieve Company of the obligation to
comply with any ordinance now existing in the Municipality or enacted in the future requiring
Company to obtain written permits or other approval from the Municipality prior to
commencement of construction of facilities within the streets thereof, except Company shall not
be required to obtain permits or other approval from the Municipality for the maintenance,
upgrading and repair of its facilities. Except in cases of emergency, prior to engaging in any
excavation activity that is expected to create an obstruction or other hazardous condition in any
street avenue, alley or public place, the Company shall notify Municipality of the location and
extent of the planned excavation. In cases of emergency, Company shall notify Municipality of
the location and extent of any such activity as soon as practicable after the emergency has been
abated.
SECTION 13. If any provision of this Ordinance, or the application of such
provision to particular circumstances, shall be held invalid, the remainder of this Ordinance, or
the application of such provision to circumstances other than those as to which it is held invalid,
shall not be affected thereby.
SECTION 14. If, at any time, during the term of this contract, Municipality permits
another entity or person to provide gas distribution or similar services, and Company reasonably
believes the other entity or person is granted more favorable treatment, terms, or conditions, then
Company shall notify Municipality of such treatment, terms, or conditions. Alternatively, if
Municipality reasonably believes the other entity or person grants Municipality more favorable
treatment, terms, or conditions, then Municipality shall notify Company of such treatment, terms, or
conditions. Upon receipt of such notice, Municipality and Company shall negotiate in good faith to
amend this ordinance to provide Company or Municipality such more favorable treatment, terms or
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conditions on an equivalent basis. Such amendment shall take into consideration all circumstances
that distinguish between Company and the entity or person receiving the more favorable or less
favorable treatment, terms, or conditions.
SECTION 15. The Company shall be exempt from any special tax, assessment,
license, rental or other charge during the term of this Ordinance, on all mains, pipes, valves,
equipment and other apparatus placed under the streets, alleys, avenues, bridges, easements, rights of
way or other public places within the corporate limits of Municipality.
SECTION 16. This Ordinance shall take effect and the rights, privileges and
authority hereby granted and renewed shall vest in Company upon its filing of an acceptance
with the City Clerk according to the terms prescribed herein. This Ordinance shall be in full
force from and after its passage, approval and ten (10) day period of publication in the manner
provided by law.
Passed and approved this day of ~C.., 2011.
r~ - < . j l J.i~
f ~
Mayor
City of Canton, Illinois
[SEAL]
AT ~S
___1---- -
l
City Cle
5
s
STATE OF ILLINOIS )
CITY OF CANTON ) SS
COUNTY OF FULTON )
I, ~~C`~r~S;~~vc~.e2„ , City Clerk within and for the City of Canton, in the
State and County aforesaid, do hereby certify that:
(1) the foregoing constitutes a full, true and correct copy of Ordinance No. ~ Z
of said City as:
(a) introduced before the City Council on the 2 bday of
, 201 l ; and
(b) passed by the City Council and approved by the Mayor on the ~ day
of ~.,U , 2011, as fully as the same appears of record in my
office;
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of
the City of Canton, Illinois, at my office in said City this ~l~ day of ,
20ll .
.
,~2~--
[SEAL] City er
6
,
ACCEPTANCE
Ameren Illinois, Company of the rights and privileges granted by Ordinance No.
of the City of Canton, Illinois, passed , A.D. 2011, approved
2Q , A.D. 2011, and entitled "An Ordinance extending the authorization to
Company, its successors and assigns, to construct, operate and maintain a utility system in the
City of Canton, County of Fulton and State of Illinois", hereby accepts said Ordinance and all
the provisions thereof.
In Witness Whereof, Ameren Illinois, Company as aforesaid has caused these presents to
be signed by its President or a Vice President and attested by its Secretary or an Assistant
Secretary and its corporate seal to be affixed this day of , A.D. 2011.
Ameren Illinois
By
Scott Cisel
President
(Corporate Seal)
Attest:
Assistant Secretary
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ACCEPTANCE
Ameren Illinois, Company of the rights and privileges granted by Ordinance No.
assed l~r~---~ 2-e , A.D. 2011, approved
Zoloz of the City of Canton, Illinois, p
A.D. 2011, and entitled "An Ordinance extending the authorization to
Company, its successors and assigns, to construct, operate and maintain a utility system in the
City of Canton, County of Fulton and State of Illinois", hereby accepts said Ordinance and all the
provisions thereo£
In Witness Whereof, Ameren Illinois, Company as aforesaid has caused these presents to
be signed by its President or a Vice President and attested by its Secretary or an Assistant
Z
Secretary and its corporate seal to be affixed this (n~ day of , A.D. 201,1!
Ameren Illinois
~ ~ •
. BY
• Scott Cisel
~ , , President
(Corp~r~tE"Sea~j
Attest:
~
Assistant ecretary
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