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� � ORDINANCE NO `���
�4�1 ORDI�A�C� �-��-�--
Authorizing
The Execution of
An Agreement with the
$ Central Illinois
� P�blic Service Compan
y
its Successors and Assigns
For Street Lighting Service
in the
CITY OF CANTON
County of FULTON
and State of (llinois
PASSED ������/ 19 7G
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, ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
CENTRAL ILLINOIS PUBLIC SERVICE COMPANI'. ITS SUCCESSORS AND ASSIGNS, FOR
STREET LIGHTING SERVICE:
SECTION 1. Be it ordained by the City Council
of the City of Ca.nton . 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 AGREEI�3ENT, Made and entered into in duplicate Uy and between the City
of Canton , a municipal corporation of the
, State of Illinois, paity of the first part, hereinafter referred to as "1�Iunicipality", and CENTRAL
ILLINOIS PUBLIC SERVICE CO1l3PANY, 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 t11e terms and conditions hereinafter set forth, street lighting service from 76�
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 Hur.dred Sixty Six Thousand Three Hundred Sixty rive a.nd no/1�0 (�166,365.00)
Dollars payable during the period of this agreement in 60 monthly installments of
Two Thousand Seven Hundred Seventy Two and 75 f 100 Dollars ($ 27�2,75 ) 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 undcr this agree-
ment shall be kept in good order by the Company, and if from any cause any lamp shall
in ;,n}� month be shown by the records of the Clerk of tl�e ll-'funicipality to have failed to
burn during any poztion of any period in which the same should be kept burning under
this a�reement, a deduction from the contract price hereinabove snecified, at the propor-
tional rare per lamp for the time during �:�hich such lamp shall fail to burn.
shall bc madc in the payment ne�:t thereafter made to Company by Municipality;
provided that Municipality shall gi�e Company prompt notice of such failure; and
pro��ided 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 undcr this agreement shall be and
remain the property of the Company.
Paqe One
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' Of the electric lamps hereinbefore mentioned, 68o shall burn from dusk until dawn
, every night, and shall be of the following respective ratings:
Class A: �15 lamps of 175 watt t�IV Existing Poles
Class B: 26 lamps of 1?5 watt MV New Wood Poles
Class C: 126 lamps of Lr,pp watt MV Existing Foles
Class D: 13 lamps of �jp watt MV ;�'nw l��ood Poles
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� Subject to the express conditioa that if at any time the Municipality shall request an extensioa
of the Company's lines in excess of four hundred (400) feet for the iastallation of any
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, upoa request by the
Municipality expressed through proper ordinance or resolution, to furaish, install and
maintain, throughout the then remaining portioa 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 ia
twelve equal monthly installmen[s, each on or before the 15th day of the month next aac-
ceeding that in which service is rendered:
Class A: S �•00 175 W rIV on Existing Doles
Class B: a 47.00 175 �` r4V on New Wood Poles - Available until 6-6-1977
c�:�: a
Cl�.s:�: $
Glass F $ 24.00 175 w r;v with Standard Glassware Munici�;ally-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 tbe 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 . 79 lamps of 4fJ0 �:att t.V
Class . lamps of
Class . lamps of
Page T wo
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Of the total number of electric lamps hereinbefore on Page 1 of this agreement mentioned,
8 lamps shall be owned by the Municipality. T�:ose Municipally o.wned lamps
which are installed on poles owned by the Municipality will be maintained by the
Nunicipality . Those 1�Iunicipally owned lampa 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 I�Iunicipality 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 Nluni-
cipality. All lamps shall burn from dusk until dawn every night and shall be of the
following ratings:
Class r : 8 lamps of 175 �1att I�iV on Ornamental Poles with Standard
Glassxare
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 atree[ 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 T wo (a)
The traffic signal system for which electric energq only is to be furnished hereundcr shall be
' owned, installed and maintained, including replacement of all lamps aad glasaware, by
, the Municipality, shall total 18,432 watts and shall consist of the following:
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 lanps at North Main & Lincoln Road
Company further agrees that upon request by Municipality expressed through proper ordinance
or resolutioa, Company will fumish electric energy only for as much additional traffic
signal connected load, at the rate of six dollars ($6.00) per one hundred watts of connected
� load per year, as may be so requested, payment therefor to, be made ia twelve equal
monthly ins:allments, each installment to be paid on or before the 15th day of the
N month next succeeding tha[ in which such service is rendered.
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` At the termination of this agreement the Company shall have the right to remove the prop-
erty, or any part thereof, fumisbed and/or installed by it under this agreement, and anch
right shall continue until the expiration of ninety (90} days next following written
notice to the Company from the Municipality to so remove said property.
Company wi11 file with the Illinois Commerce Commission immediately following the egecu-
tion of this agreement a schedule of the rates and charges required to be paid hereunder,
and upon the expiration of thirty days from such filing of the same, unless prior thereto
such schedule shall be suspended by said Commission, this agreement shall become e$ec-
tive and shall operate to cancel and annul that certain agreement heretofore entered into
by and between the parties hereto nnder date of June 6, 1967
except as to amounts, if any, then owing by either of said parties to the other� 'I'he first
of said 60 monthly installments herein pro,vided 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 60 monthly installments is for a period less thaa one month,
an adjustment on the basis of the proportionate part only of the calendar month ia aaid
first service period shall be made and a like adjustment shall be made in said sum of
� 166,36�.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
, � This agreement shall inure to and be binding upon all successors and assigns of the Company.
�
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 and its corporate seal to be a�xed; and the said City
of Ca:ton has caused this instrument to be executed in its corporate name by its
l�:ayor and attested by its City Clerk and its corporate seal
to be affixed this �xxxxxxxxxxxxxday of xxxxxxxxxxxxxxxxxxxxxxxx , 19 xx .
SECTION 2. The respective o�cers in said agreement named are hereby autborized and directed to
execute and deliver said agreement for and on behalf of said Ci±y of Canton
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< 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
recordation.
Passed---------�'�/e�–�----------_19�_
Approved --- - ---- -=�-------------19�_ �
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Recorded----=-�'�✓7� -- -- --------------�–,/---� --"=�`—�-------
; �,ayor
ATTEST:
--------------���'iLE�_4-Q,�_---1�°`�1l-- - �.
C ity Cletk
Page Focu
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� CERTIFICATE
STATE OF ILLINOIS
County of Fulton �'
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. the daly quali5ed and
acting City Clerk of the City of Ca.nton
,
in sa;d County of Fulton , and the o�cial custodian of the records of
said City . do hereby certify that the foregoing is a true, correct
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N and complete copy of Ordinance No. ..S`�S''� , entitled "An Ordinance authorizing the execu-
s
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 City Council
of said r�' of �a,z,z,�-•. , held on the
`� / �,/� daY of ���� .
A. D. 19 76 , approved and signed on the �.� day of A. D. 19 76
, ,
and recorded on the �/��� day of %��'���"'� A. D. 19 76 ,
as said Ordinance appears from the records in my office.
Given under my hand and the corporate seal of said �` / of
G-�fir'�O"'.' this �.(.�-� day of �!�t%�� , A. D. 19 76
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C i t y Clerk--- -----�