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Home My WebLink AboutOrdinance #46 r 1 _ ' s � a, ' , ORDINANCE NO� � _ � . � � , ' r f I AN �JRDINANCE Authorizing The Execution of An Agreement with the Central Illinois Pubiic Service Company its Successors and Assigns For Street Lighting Service in the City of Canton County of Fulton and State of Illinois PASSED ��• �i /96/ , � , ORDINANCE NO . G/� � - 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 byand 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 ILLINOLS PUB- LIC 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 acco.rdance with the terms and conditions hereinafter set forth, street lighting service from 708 electric lamps, for which said service from said number of electric lamps the Municipality agrees to paythe Company the sum of one hundred twenty-two thousand one hundred seventy-nine and 20/100 dollars ($122,179.20) payable during the period of this agreement in 120 monthly installments of one thousand eighteen and 16/100 dollars ($1,018.16) each, each installment to be paid on orbefore the 15th dayof the month next succeeding that in which the service was rendered. All apparatus and equipment to be furnished or maintained by the Company un- der this agreement 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 proportional 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. All apparatus and equipment furnished by the Company under this agreement shall be and remain the property of the Company. Of the electric lamps hereinbefore mentioned,�614 shall be of the following re- spective lumen ratings, and burning periods: . T Class A: 484 lamps of 2500 lumens burning from dusk until dawn . ' ' every night. , Class B: 30 enclosed lamps of 2500 lumens burning from dusk until dawn every night, each supported by an or- namental bracket on a wood pole. ` Class C: 100 enclosed lamps of 4000 lumens burning from dusk until dawn every night, each supported by an or- namental bracket on a wood pole. Subject to the express condition that if at any time the Municipality shall re- quest an extension of the Company's lines in excess of four hundred (400) feet for the installation of any one lamp, the Municipality shall pay the Com- pany 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 con- tract, in like manner as hereinabove provided, as many additional lamps of any one or more of the classes hereinabove specified as may be so re- quested, at the following prices per year, to be paid in twelve equal month- ly installments, each on or before the lSth day of the month next succeeding that in which service is rendered: Class A: $35.00 Class B: $41.00 Class C: $44.00 Of the total number of electric lamps hereinbefore on Page 1 of this agreement mentioned, 94 shall be installed on poles furnished by the Company and lo- cated 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 glass- ware and shall be locatedwith a maximum separation between anytwo lamps of not more than two hundred (200) feet, and shall be of the following lumen ratings, and burning periods: Class D: 13 lamps of 4000 lumens burning from dusk until dawn every night, each supported by an ornamental bracket on a steel pole. Class E: 15 color improved mercury vapor lamps of 23,000 lu- mens burning from dusk until dawn every night, each supported by an ornamental bracket on a wood pole. � _ Class F: 66 color improved mercury vapor lamps of 23,000 lu- . mens burning from dusk until dawn every night, each supported by an ornamental bracket on a steel pole. , Company further agrees that in the event Municipality desires an extension of Company's said ornamental mercury vapor system on or before October 1, 1966, Company will, upon request of the Municipality expressed through proper ordinance or resolution, replace said 100 Class C lamps of 4000 lu- mens with 100 Class E mercury vapor lamps of 23,000 lumens and will re- place said 13 Class D lamps of 4000 lumens with 13 Class F mercury vapor lamps of 23,000 lumens at an increase in street light billing of $4,007.04 per year, to be paid in twelve equal monthly installments, each on or before the 15th day of the month next succeeding that in which service is rendered. At the termination of this agreement the Company shall have the right to re- move the property, or any part thereof, furnished and/or installed b� 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 Mu- nicipality to so remove said property. Company will file with the Illinois Commerce Commission immediately follow- � ing the execution of this agreement a schedule of the rates and charges re- quired to be paid hereunder, and upon the expiration of thirty days from such filing of the same, unless prior thereto such schedule shall be sus- pended by said Commission, this agreement shall become effective and shall operate to cancel and annul that certain agreement heretofore entered into by and between the parties hereto under date of August 6, 1958 except as to amounts, if any, then owing by either of said parties to the other. The first of said 120 monthly installments herein provided for shall be made for serv- ice rendered during such part of the month beginning on the day on which this agreement becomes effective. If the first of said 120 monthly install- ments 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 $122,179.20 to reflect the adjustment made in said first monthly installment. Said sched- ule of rates and charges, if not suspended during said thirty-day period, shall thereafter be and remain subject to the jurisdiction of said Commis- sion. If said schedule of rates and charges shall be suspended by the Illi- nois Commerce Commission within said thirty-day period, this agreement shall be of no forcf� and effect. 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 instrument to be executed in its corporate name by its Presi- • dent or a Vice President and attested by its Secretary or an Assistant Secretary . ' and its corporate seal to be affixed; and the said City,of Canton has caused this �instrument to be executed in its corporate name by its Mayor and,atXes ed y its City Clerk and its corporate seal to be affixed this 3�day of � , 1961. . SECTION 2. 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. 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 . �� `� , 1961. Approved ��'�" � , 1961. Recorded �� , 1961. < �C.,2� �`�-�� Mayor Attest: � _ ,�! i.�� .� �... '�-J�-� ' �,... �.,;- l .Z City erk � � t � . CERTIFICATE STATE OF ILLINOIS ) • ) ss. County of Fulton ) I� , the duly qu.alified 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 y correr..t and complete copy of Ordinance No. , entitled "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 meeting of the City Counci.l. of. said City of Canton, held on the day of , Ao Da 1961, appr.oved and signed on the day of , A. D. 1961, and recor.ded o�n tlze : day of , A. D. 1961, as said Ordinance appears from the records in my office, Given under my hand and the corporate seal of said City of Canton triis day of , A. D. 1961. City Glerk