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HomeMy WebLinkAboutOrdinance #379 , -- . � !� • ' S/2/72 - Title only read. � + � ' ' (50 year - to be inser*,ed) ' �RANCHISE ORD[NANCE NO. ��7� AN ORDtNANCE GRANT[NG THE R[GHT, PERMISSION, ,4ND AUTHORfTY TO SPOON RIVER ELECTR[C COOPERATIVE, tNC., AN ILLINOIS CORPORATION,, AND ITS SUCCESSORS f TO CONSTRUCT� MAINTAINr AND OPERQTE IN THOSE AREAS OF THE C[TY OF CANTON� COUNTY OF FULTONr STATE OF ILLINO[Sr WHI�H HAVE BEEN ANNEXED OR WHICH MAY HEREAFTER BE ANNEXED TO SA(D CITY AND IN WH[CH SPOON RIVER ELECTRK COOPERATIVE, INC. HAS BEEN OR SHALL BE AT THE TIME OF ANNEXAT[ON FURN[SH- ING ELECTRIC ENERGY TO THE RESIDENCES OR OTHER ESTQBL[SHMENTS OF SAID AREAS, OR IS ENT(TLED TO SERVE IN SUCH ARE�4S [N ACCORDANCE W[TH THE [LL[NO[S ELECTRIC SUPPL[ERS ACT AND SERV[CE QREA AGREEMENT BETWEEN SPOON RIVER ELECTR(C COOPERAT[VE, INC. /�ND THE CENTRAL ILLINO[S PUBL[C SERVICE COMPANYf A SYSTEM FOR THE TRANSMISS(ON� DISTR[BUTION� aND SALE OF ELECTRIC ENERGY FOR LIGHTING,� HEATINGr AND POWER USES. WHEREASr SPOON R[VER ELECTRIC COOPERATIVEr INC., a corporation organized under the General-Not-For-Profit Corporation Act of the State of Illinoisr hereinafter also designated as "Grantee"� has petitioned the MAYOR and CITY COUNCIL of said CITY OF CANTON, hereinafter designated as "Municipality", asking the right, privilege, and authority be granted it and its successors by ordinance to place, construct, operate, repair, maintain, relocate and replace a system for the transmission, distribution, and sale of electric energy for lighting, heating, and power purposes in said areas described herein of said Municipality. NOW, THEREFORE f BE 1T ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON J COUNTY OF FULTONr STA.TE OF [LLINOIS, SECT[ON 1. That the right, permission, and authority be, and the same are hereby granted to said Grantee to construct, maintain, and operate in those areas of the City of Canfion which have been annexed or which may hereafter be annexed to said city and in which Spoon River Electric Cooperative, Inc, has been or shall be at the time of annexation furnishing electric energy to the residences or other establishments in said areas, or is entitled to serve in said areas in accordance with the �Ilinois Electric Suppliers Act and Service Area Agreement between the Spoon River Electric Cooperative, Inc, and the Central Illinois Public Service Company, a system for the transmission, distribution, and sale of electrical energy for heating, lighting and power uses. The Grantee may construct, maintain, and operate all necessary poles, w'rres, conduits, underground cables, and apparatus necessary or convenient for such system in, upon, over, across, and under each and all of the streets, alleys, avenues, bridges, and other publ ic places and may trim trees where necessary in said areas in said municipalifiy as it may at any time exist, subject to the conditions and regulations hereinafter set forth, but said Grantee shal) prior to trimming any trees on such public facilities communicate the need thereof to the proper authority of the Municipality. SECTION 2. All equipment placed or installed under this Ordinance shall be so placed, whether in streets, alleys, avenues, or other publ ic places, as not to interfere -2- . . ' . . unnecessarily with travel on such streets, alieys, avenues and other public places. Wherever possible, any equipment placed or� installed after the passage of this Ordinance shall be placed or installed in public alleys, rather than in public streets, or, if there be no public alleys in new additions to or subdivisions of said City of Canton, such equipment shall be placed or installed in utility easement strips to be provided by the subdivider at the rear of residential lots in such addition or subdivision. �41) such equipment shall be so located as not to injure unnecessarily any sewers, drains, pipes, conduits, or other like public improve- ments, and said Granfiee shall forthwith repair any damage caused to such improvements to the satisfaction of the officers or officials of said Municipality having charge of the super- vision thereof and in default thereof said Municipality may repair such damage and charge the cosfi thereof to, and collect the same from said Grantee.�,There shall be no unnecessary obstruction of any street, alley, avenue, or public place of said Municipality by said Grantee `in the construction, installation, operation, and maintenance of any equipment constructed, � installed, operated, and maintained under authority granted by this Ordinance, and said Grantee shall, in constructing, installing, operating and maintaining any and all such equip- ment, save and keep harmless the said Municipality from any loss or damage to life or property occasioned by reason thereof. SECTION 3, The charges to be made by the Grantee for public service rendered by it under this Ordinance shall be such as are approved from time to time by the Board of Directors of the Grantee and by the Rural Electrification Administration or such other duly -3- � constituted governmental authority as shall have jurisdiction thereof. SECTION 4. All provisions of this Ordinance which are obligatory upon and which inure to the benefit of said Grantee's successors or assigns, and the word "Grantee" whenever used in this Ordinance shall mean and include not only the Spoon River Electric Cooperative, Inc., but also its successors and assigns. SECTION 5. Upon acceptance by Grantee of this Ordinance as hereinafter provided, fihe right, privilege, authority and franchise to operate an electric light, heat, and power system in said Municipality as hereinbefore provided shall be and remain in full force and effect for the benefit of the Grantee, its successors and assigns, so long as any part of said electric system is operated or maintained by Grantee, its successors or assigns, within the corporate limits of the Municipality as the same now exists or may hereafter be extended** SECTION 6. No right, privilege, or authority given or granted by this Ordinance shal) become effective until there shall have been filed with the Clerk of the City of Canton the written acceptance of said Ordinance by the Spoon River Electric Cooperative, Inc. Such acceptance shall be so filed within thirty (30) days from the passage of this Ordinance, and when so filed, shall, together with operation by the Grantee, or its successors or assigns, under the terms of said Ordinance, constitute full consideration for the rights, privilege, and authority hereby granted, SECTION 7. All Ordinances or parts of Ordinances in conflict herewith are hereby repea I ed. -4- . . ; . � . . . � . �SECT(ON 8; This Ordinance shall be in ful) force and effect from and after its passage and approval as required by law and upon acceptance by Grantee as hereinbefore provided. Passed this� /(� f,�, day of � �G ' /�,D., 19�`. Approved this /� �� day of� GZ-� A,D., 19�_, Recorded this day of A,D., 19 , �ITY OF CANTON � � � . By '1 ��. �..,.�.y_�r.� _.�-�-�-�.-�. --� Title �.`77 �z-.� , ATTEST: � �.c���,,���r��G'�' �G ity er *amende@ to read -for a period not to eaceed 50 yeara from the date hereof� •�'amended to rAad - bat in no event to eaceed 50 yeara from date of the passaga of this Ordinance.