HomeMy WebLinkAboutOrdinance #377 _ . ....�_._._� .�.. .. ._ �
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ORDINANCE NO.._`��
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AN ORDINANCE
Authorizing
The Execution of
An Agreement with the
o Central Illinois
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� Public Service Company
�, its Successors and Assigns
For Street Lighting $ervice
in the
C ITY QF CA NT(7N
County of FULTON
and State of Illinois
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PASSED ��''`'� S�� �9`s c�'
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EXPIRES 19
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ORDINANCE NO. �3 7 7
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AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEIVIENT WITH THE
CENTRAL ILLINOIS PUBLIC SERVICE COIvIPANY, ITS SUCCESSORS AND ASSIGNS, FOR
STREET LIGHTING SERVICE:
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� SECTION 1. Be it ordained by the City Council
N of the City of c�t�� , Countq of
� I�zlton and State of Illinois, that the following agreement for street
lighting service be entered into for and on behalf of said municipality:
AGREE1ViENT
THIS AGREEivIENT, Made and entered into in duplicate by and between the City
of �an�� , a municipal corporation of the
State of Illinois, party of the first part, hereinafter referred to as "1VIunicipality"; and CENTRAL
ILLINOIS PUBLIC SERVICE COI�IPANY, a corporation organized and existing under the laws of
the State of Illinois, party of the second part> hereinafter referred to as "Company",
�, WITNESSETH:
The Compaay agrees to furnish the 1�Iunicipality, within its corporate limits and in accordance
with the terms and conditions hereinafter set forth, street lighting service from 677
electric lamps, for which said service from said number of lamps the 1VIunicipality agrees
to pay the Company the sum of Ninetg Qne Thouaand �ight Hundred Twenty (�91820.00)
Dollars payable during the period of this agreement in 120 monthly installments of
Seven Hund.red Sixty F'ive and 17/100 Dollars ($ 765.17 ) 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 under this agree-
ment shall be kept in good order by the Company, and if from any cause any lamp shall
in any month be sho;wn by the records of the Clerk of the 1VIunicipality to have failed to
bura 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 propor-
tional 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; and
provided further that no deduction from the contract price shall be made to the extent
such failure is due to Nlunicipality's delay in maintaining''1VIunicipality's system.
�,,. All apparatus and equipment furnished by the Company under this agreement shall be and
remain the property of the Comp�any.
Page One
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Of the electric lamps hereinbefore mentioned, 598
shall be of the following respective lumen ratings, and burning periods:
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Class A: 1�55 lamps of �5� burning from dusk until dawn every ttight.
Lamem orna�nen�al b�ackets on existing wood poles
Class B: 30 lamps of 2500 burning rom usk until dawn every night.
Lumen� o��ent�al brackets or. exi.stin� wood poles
Class C: I.13 lamps of �.000 burning from dusk until dawn every night.
Lamea�
Class D: lamps of burning from dusk until dawn every night.
eo Lumeni
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00
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N
O
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� Subject to the express condition that if at any time the Municipality shall request an extension
of the Company's lines in excess of four bundred (400) feet for the installation 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, 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 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 in
twelve equal monthly installments, each on or before the 15th day of the month next suc-
ceeding that in which service is rendered:
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Class A: � 35.�0
Class B: S l�1..d0
Class C: � l�1�.0�
Class D: S
Of the total number of electric lamps liereinbefore on Page 1 of this agreement mentioned, 79
shall be installed on ornamental posts furnished by the Company and located 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 glassware and shall be located with a maximum
separation between any two lamps of not more than two hundred (200) feet, and shall
be of the following lumen ratings, and burning periods:
Class E: 61 lamps of l�0�0 burning from dusk until dayau every night.
Lom�o.
Class F: 18 lamps of b000 burning from dusk until da� every night.
Lamem
Class G: lamps of burning from dusk until every night.
i.�.o.
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At the termination of this agreement the Company shall have the right to remove the property,
�w or any part thereof> furnished and/or installed by it under this agreement, and such
right shall continue until the expiration of ninety (90) days next following written
notice to the Comgany from the 1VIunicipality to so remove said property.
Company will file with the Illinois Commerce Commission immediately following the execu-
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 effective
" and shall operate to cancel and annul that certain agreement heretofore entered into by
and between the parties hereto under date of July� 20, i9�.8
� except as to amounts, if any, then owing by either of said parties to the other. The first
q of said 120 monthly installments herein provided for shall be made for service rendered
'" during such part of the month beginning on the day on which this agreement be-
z comes effective. If the first of said 120 monthly installments 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 $ 9182a.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
thereafter be and remain subject to the jurisdiction of said Commission. If said sched-
ule 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 ef�ect.
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N This agreement shall inure to and be binding upon all successors and assigns of the Company.
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IN WITNESS WHEREOF, the said Central Illinois Public Service Company has caused this in-
� strument ta 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 affixed; and the said City
of C�'�n has caused this instruinent to be executed in its corporate name by its
Mayo2' and attested by its Citg Clerk and its corporate seal
to be affixed this �� day of , 19xx .
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-------------�------- s ---------------19s �-
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Approved----------------- �-�-----------------.19-----� � /
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ATTEST:
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< Gitq`` Clerk �
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Page Three
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CERTIFICATE
'� STATE OF ILLINOIS
� ss.
County of Fulton
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I, ����:����r.� �� ,� ��� , the duly qualified and .
G,.,
acting City Clerk of the City of Canton ,
in said County of �ulton , and the official custodian of the records of
said City , do hereby certify that the foregoing is a true, correct
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� and complete copy of Ordinance No. .�� l , entitled "An Ordinance authorizing the execu-
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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 �%ity o f Canto n , held on the ,5—� day of �.c�� ,
C��.�e�
A. D. 19 S�, approved and signed on the ,S`� day of r�� , A. D. 19 S�
Gt,ti G%
and recorded on the S! � day of �����'�,j � , A. D. 19s��':
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as said Ordinance appears from the records in my office.
Given under my hand and the corporate seal of said Cit� of
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Canton this �p � day of � , , A. D. 19--s��
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� City � Clerk '
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