Loading...
HomeMy WebLinkAboutT-1244 Ordinance No. T-1244 AN ORDINANCE AUTHORIZING COMMONWEALTH EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS,. TO CONSTRUCT, OPERATE AND MAINTAIN AN ELECTRIC LIGHT AND POWER SYSTEM IN AND THROUGH THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the right, permission and authority be and the same are hereby granted to COMMONWEALTH EDISON COMPANY, an Illinois corporation, its successors and assigns (hereinafter referred to as the "Grantee"), to construct, operate and maintain in and through the CITY OF ELGIN (hereinafter referred to as the "Municipality"), in the Counties of Kand and Cook, . and State of Illinois, for a term of fifty (50) years, a system for the production, transmission, distribution and sale of electricity for lighting, heating, power and other purposes within and outside the corporate limits of the Municipality, and to construct, operate and maintain all such poles, wires, conduits and other apparatus and equipment as may be nece- ssary or convenient for such system in, upon, along, over, across-, above and under each and all of the streets, alleys, avenues, and other public places in the Municipality, subject to the conditions and regulations hereinafter set forth. Section 2. All poles and wires erected hereunder shall be placed in alleys wherever practicable so to do, and shall be so placed, whether on streets, alleys, avenues or other public places, as not to interfere unnece- ssarily with travel on such streets, alleys, avenues and other public places, and shall be erected under the supervision of the City Engineer of the Municipality, or such other duly authorized agent as the City Council of the Municipality may from time to time designate. All poles erected under this ordinance shall be not less than twenty-five (25) feet in height, and shall be so located.as not to injure unnecessarily any drains, sewers, catch basins, water pipes, pavements, or other like public improvements, but should any drain, sewer, catch basin, water pipe,- pavement or other like public improvement be injured by such location, the Grantee shall forthwith repair the damage caueed by such injury to the satisfaction of the City Engineer of the Municipality, or such other duly authorized agent„ and in default thereof the Municipality may repair such damage and charge the cost thereof to, and collect the same from, the Grantee. • - 2 - Said City Engineer, or such other duly authorized agent, of the Municipality, is hereby authorized and directed to call upon the Grantee to, and the Grantee may of its own accord, cause the trees growing upon or overhanging all of the streets, alleys, avenues and other public places in the Municipality upon which electric light or power lines are erected hereunder to be trimmed from time to time in such manner that there shall be a proper clearance bet- ween the nearest wires on said lines and any portion of the trees. Said trees shall be so trimmed that none of the branches, twigs or leaves of said trees shall come in contact with or in anywise interfere with the wires or other equipment upon said lines. Said trees shall be trimmed under the super- vision of the City Engineer, or such other duly authorized agent, of the Municipality, by and at the expense of the Grantee. All abandoned poles shall be removed as soon as the use thereof is discon- tinued. All poles shall be set in straight lines so far as practicable, and all overhead wires, conductors and cables shall, so far as practicable,• be kept at least eighteen (18) feet above the level of the ground. 'he Municipality shall have the right to use of one cross arm on the poles of the Grantee for the police and fire alarm service wires of the Municipality, provided that any such cross arms and wires of the Municipality shall be so placed and maintained by the Municipality, under the direction of the Grantee, as not to interfere with the wires of said Grantee. The Grantee shall be subject to all reasonable regulations which may now or hereafter be prescribed by general ordinance of the Municipality with respect to the use of the public streets, alleys, avenues and other public places of the Municipality. Section 3. When at any time hereafter any house or building shall be moved by permission of the Municipality, or its proper officers, along, across or upon any of the streets, alleys, avenues or other public places of the Municipality, the Grantee, its successors and assigns, shall upon receiving written notice from the Municipality to that effect, and within twenty-four (24) hours after receiving such written notice, so cut, remove or adjust its said wires or poles that the same will in no way interfere with the moving of any such house or building, provided, however, that such cutting, removing and adjusting of said wires and poles shall be done at such time of the day or night as will least interfere with the public use by the Grantee of such wires and poles for the benefit of the inhabitants of the Municipality and the successful operation of the Grantee's electric light and power system. All questions as to the time when any of said wires and poles shall be so cut, removed, or adjusted for the purpose aforesaid shall be decided by the Municipality, or its proper officers, and such decision shall be final. - 3 - Section 4. The Grantee shall indemnify, become responsible for, and forever save harmless the Municipality from any and all judgments, damages, decrees, costs and expenses, including attorney's fees, which the Municipality may legally suffer or incur or which may be legally ob- tained against the Municipality for or by reason of the use and occupation of any street, alley, avenue or other public place in the Municipality by the Grantee pursuant to the terms of this ordinance or legally resulting from - ' the exercise by the Grantee of any of the privileges herein granted, and, as an additional security therefor, the Grantee shall, during the life of this ordinance, keep on file with the City Clerk of the Municipality a good and sufficient bond in the penal sum of Five Thousand Dollars ($5, 000. 00) conditioned to protect and indemnify the Municipality as:.in this Section provided, and said bond shall be subject to the approval of the City Council of the Municipality and the Municipality shall have the right from time to time, whenever in the opinion of the said City Council the same may be necessary, to require the Grantee to renew or provide additional or other security on said bond. Section 5. After the passage of this ordinance and within thirty (30) days after passage, this ordinance, if accepted, shall be accepted by • the Grantee by its filing with the City Clerk of the Municipality an uncond- itional written acceptance hereof, to be duly executed according to law, and a failure of the Grantee to so accept this ordinance within said period of time shall be deemed a rejection hereof by the Grantee, and the rights and privileges herein granted shall after the expiration of said period of thirty (30) days, if not so accepted, absolutely cease and determine, unless said period of time shall be extended by the Municipality by ordi- nance duly passed for that purpose and before the expiration of said period of thirty (30) days. Section 6. All provisions of this ordinance which are obligatory upon, or which inure to the benefit.of, said Commonwealth Edison Company shall also be obligatory upon and shall inure to the benefit of any and all successors and assigns of said corporation; and the word "Grantee" wher- ever appearing in this ordinance shall include and be taken to mean not only said Commonwealth Edison Company, but also each and all of such successors and assigns. Section 7. This ordinance, if accepted by the Grantee as here- inabove provided shall be in full force and effect on and after Mey 26, 1966, and shall from and after; the effective. date, supersede, cancel and be in lieu of any and all other existing or prior grants of right, permission and authority to said Grantee or any predecessor companies or assignors of the Grantee, to construct, operate and maintain any system for the production, transmission, distribution and sale of electricity for lighting, heating, power and other purposes within this Municipality. • • -4- Section 8. That this ordinance shall be placed on file with the City Clerk for public inspection for a period of at least seven (7) days before the final passage thereof. That this ordinance shall be published in pamphlet form by authority of the City Council. Clyde L. Shales, Mayor Presented: May 12, 1966 Passed: May 26, 1966 Vote: Yeas 5 Nays +0 Recorded: May 26, 1966 Published: May 26, 1966 Attest: Myrtle E. Spiegler, City Clerk RANDOLPN 8.1200 • • Commonwealth Edison Company 72 WEST 1 C A O O. I L L I N O I S 00000 DRAFT (date) Mayor and City Council City of Elgin Elgin, Illinois • • Gentlemen: • For and in consideration of the passage by Mayor and City Council • of the City of Elgin on (date) , of an ordinance granting to Commonwealth Edison Company, its successors and assigns, the right to construct, operate and maintain an electric light and power system in the City of Elgin, the undersigned, its successors and assigns, agree that so long as said ordinance shall remain in full force and effect it will, during each calendar year, throughout the life of said ordinance, supply without charge to the City of Elgin, such an amount of electric energy as may be reasonably neces- sary for lighting and various other uses in the following municipal (- buildings solely occupied for municipal purposes and not for pur- v - poses of revenue (or such part thereof as may from time to time be so occupied) : • 1. The following fire stations in the City of Elgin (a) 11 North Spring Street (b) 216 West Chicago Street. (c) 820 Dundee Avenue (d) 36 South Dubois Avenue (e) 533 St. Charles Street 2. City Warehouse and Garage, 30 Ann Street 3, City Garage, Southwest corner of Ann and North Grove Streets 4. City Garbage Disposal Building, Ann and North Grove Streets 5. City's Museum Building, East End of Franklin Boulevard 6. City Hall, the police radio system in the City Hall, the City fire and police signal system and lighting of all the bridges across the Fox River constructed and owned by the City, whether heretofore constructed or constructed hereafter during the life of said ordinance. And in any future buildings used for the same municipal purposes as those listed above, and not for revenue producing activities. • • • • • Mayor and City Council (date) City of Elgin The foregoing arrangement shall be effective beginning with readings made after the date hereof of meters measuring electric energy for the above purposes at the above described locations. None of said electric energy so to be supplied without charge to the City shall be used by the City for heating, street. lighting, water pumping or other such power purposes. Nor shall any of said energy be resold for any purpose whatsoever. Very truly yours, COMMONWEALTH EDISON COMPANY By Chairman of the Executive Committee • • C February 19C6 EL I=C 0 T7 T+T♦1+n/} TT j TN T (+r.T^!'r D.11ISIC'; I'J2iT's THE MST TEN YEARS ET•n ;,'27(';NT YEAR 0 T77'7.077'l'..7.7/ ,.,r -7) » ,T1rTC T, .i PASSED '^11 Glen Ellyn 1932 35 yrs. Dec. 13, 1965 50 yrs. Villa Para 1966 30 yrs. April 20, 1964 50 yrs.. LaGrange 1965 50 yrs. Aug. 10, 1954 50 yrs. Ledford Park 1970 30 yrs. Feb. 21, 1963 50 yrs. Willow Springs 1966 30 yrs. Mar. 14, 1963 50 yrs. ti;estcn New Commsnity. July 10, 1963 50 yra. Sl .:recd Park 1955 50 yrs. July 15, 1963 50 yrs. Broadview 1965 50 yrs. Nay 7, 1962 50 yrs. Countryside New Feb. 9, 1961 50 yrs. ,,_ Fe czt ;ark 1963 30 yrs. 22tr. 27, 1961 50 yrs. Force View 1975 50 yrs. Nay 9, 1961 50 yrs. Winfield 1966 30 yrs. Juno 8, 1961 _ 50 yrs. 1.cd3t:ins 1963 40 yrs. Nov. 13, 1961 50 yrs. Glendale New Jan) 5, 1960 50 yrs. t'oorid ,e New April 7, 1960 50 yrs. 21o1ro e Park 1933 • 40 yrs. April 11, 1960 50 yrs. i _caten 1978 . 25 yrs. Nay 2, 1960 50 yrs. Schiller Park 1969 30 yrs. June 6, 1960 50 yrs. Cicero 1964 25 yrs. June 13, 1960 50 yrs. t:illc-a Nrcok New Sept. 20, 1960 50 yrs. Oak Park 1972 30 yrs. Dec. 19, 1960 50 yrs. Wayne New Feb. 16, 1959 50 yrs. Carol Stream Neer Nar. 24, 1959 50 yrs. Nontge=ory 2006 99 yrs. May 4, 1959 50 yrs. Lclic:ce3 1974 30 yrs. June 24, 1959 50 yrs. Sleepy Uollow New July 2, 1959 50 yrs. 1!::d:sea 1962 • 50 yrs. Sept. 8, 1959 50 yrs. =ri-'=.,n Head Park New Nov. 4, 1959 50 yrs. We:tn.= 1962 40 yrs. Dec. 7, 1959 50 yrs. • -1- . . _ . - . February 1986 . . . . r7:7.7.71 C77-'"7;7; C7:717771 IN MTETTA T-TV' ,---.77'1 '-:',' 1-R7 T7 1-7% S • LT.P1:`..LTICN YEAR OF 17-7T7—.7,771 ST17:7s77)2D cmpx7ArcE Timm PASSED TE7r1 Sur-:: C=ove New Feb. 3, 1958 50 yrs. Cbrock New Juaa 10, 1958 50 yrs. justice 1961 25 yrs. Sept. 4, 1958 50 yrs. I:est Euece 1961 25 yrs. Oct. 21, 1958 50 yrs. Ete24a Kew Oct. 22, 1958 50 yrs. Ever Park New Nov. 14, 1953 50 yrs. E.:.rvester New Feb. 13, 1957 50 yrs. Ucst cuice3o 1960 50 yra. April 15, 1957 50 yrs. Valley View New July 22, 1957 50 yrs. Roselle 1957 35 yrs. Aug. 12, 1957 50 -yrs. North Aurora 1961 50 yrs. Sept. 9, 1957 50 yrs. Strea=ood New Oct. 3, 1957 50 yrs. Cerpeatersville 1957 - - 25 yrs. July 16, 1955 50 yrs. Eaat Duades 1957 25 yra. Oct. 15, 1956 50 yrs. Lisle New Nov. 8, 1956 50 yrs. (-, • . • 1-2- . . .