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HomeMy WebLinkAboutORDINANCE - 25 - 7/22/1957 - ELECTRIC ORDINANCE-- ELECTRIC ORDIN�iNCE �� AN ORDIIIANCE AUTHORIZI7G CO;:U,`ON'.'JEALTH EDISON COiM- PANY (PUBLIC SERVICE COi:iPANY DIVISION), ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OP:,RATE AND MAINTAIN AN ELECTRIC LIGHT AND POWER SYS`21` IN AND THROUGH THE VILLAGE OF ELK GROVE VILLAGE, COOK COUNTY, ILLINOIS. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE , ILLINOIS, SECTION 1. That the right, permission and authority be and the same are hereby granted to COMMONWEALTH EDI90N COMPANY (PUBLIC SERVICE COMPANY DIVISION), an Illinois corporation, its successors and assigns, (hereinafter referred to as the "Grantee''), to construct, operate and maintain in and through the VILLAGE OF ELK GROVE VILLAGE (hereinafter referred to as the "Municipality" in the County of 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 Mun'_cipality, and to construct, operate and maintain all such poles, wires, conduits and other apparatus and equipment as may be neces- sary or convenient for such system in, upon, along, over, across, above and under each and all of the streets, alleys, avenues and other public placos in the Municipality, subject to the conditions and regulations hereinafter set forth. SECTION 2. All polos and wires erected hereunder shall be placed in alloys wherever practi.cablo so to do, and shall be so placed, whether on streats, alloys, avenues or other public places, as not to intorferc: unnocossarily with travel on such streots? -2- alleys, 2- alleys, avenues and other public places, and shall be erected under the supervision of the Committee on Streets and Alleys of the Muni- cipality, or such other duly authorized agent as th_e Board of Trustees 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 un- necessarily 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 in- jured by such location, the Grantee shall forthwith repair the damage caused by such injury to the satisfaction of the Committee on Streets and Alleys of the Municipality, or such other duly author- ized agent, and in default thereof the Municipality may repair such damage and charge the cost thereof to, and collect the same from, the Grantee. Said Committee on Streets and Alleys, or such other duly authorized agent, of the Municipality is hereby authorized and di- rected 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 between 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 any- wise interfere with the wires or other equipment upon said lines. Said trees shall be trimmed under the supervision of said Committee on Streets and Alleys, 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 discontinued. 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 eip;h*­�en (18) feat above the level of the ground. The Municipality shall have the right to the use of (11e cross arm on the poles of the Grantee for the police and i'.ire alarm service wires of the Municipality, provided that a -,y 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 inter- fere 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 build- ing 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 suc- cessors and assigns, shall upon receiving written notice from the Municipality to that effect, and within twenty-four (21�) 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 in- habitants of the Municipality and the successful operation of the Grantools electric light and power system. All questions tis to thv. time when any of said wires and poles shall be so cut, removed, or adjusted for the purpose aforesaid shall be decided by the Munici- pality, or its proper officers, and such decision shall be final. SECTION 4. The Grantee shall indemnify, become respon- Bible for, and forever save harmless the Municipality from any and all judgments, damages, decrees, costs and expenses, including attorneys' fees, which the Municipality may legally suffer or incur or which may be legally obtained 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 prl,yileges herein granted, and, as additional security therefor, the Grantee shall, during the life of this ordinance, keep on file with the Village Clerk of the Municipal- ity a good and sufficient bond.in the penal sum of Five Thousand Dollars ($5,000) conditioned to protect and indemnify the Municipal- ity as in this Section provided, and said bond shall be subject to the approval of the Board of Trustees of the Municipality, and the Municipality shall have the right from time to time, whenever in the opinion of the said Board of Trustees the same may be necessary, to require the Grantee to renew or provide additional or other security on said bond. SECTION $. 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 Village Clerk of the Municipality an unconditional wr,itten acceptance hereof, to be duly executed according to law, and a failure of the Grantee to so accept this ordinance Nithin said period of time shall be deemed a rejection hereof by the Grantee, and the .rights and privileges herein granted -5 - shall after the expiration of said period of thirty (30) days.. if not so accopted, absolutely cease and determine, unless said period of time shall be extended by the Municipality by ordinance 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 ob- ligatory upon) or which inure to the benefit of, said Commonwealth Edison Company (Public Service Company Division) shall also be ob- ligatory upon and shall inure to the benefit of any and all succes- sors and assigns of said corporation; and the word "Grantee" wherever appearing in this ordinance shall include and be taken to mean not only said Commonwealth Edison Company (Public Service Company Divi- sion), but also each and all of such successors and assigns. SECTION 7. This ordinance) if accepted by the Grantee as hereinabove provided, shall be in full force and effect on and after July 22 , 19 57, 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, PASSED BY THE BOARD OF TRUSTELS OF THE VILLAi:? OF GLH GROVE VILLAGE , ILLINOIS, THIS 22nd DAY OF July ,-A.D. 19 57. /s/ Margaret C. Petrie Vi lage Clerk APPROVED BY THE PRESIDENT OF THE VILLAGE OF ELK GROVE VILUGS , ILLINOIS, THIS 24th DAY OF July , A.D. 19 57. /s/ Charles A. Hodlmair President ATTEST: /s/ M5M rr aret C. Petrie Vi11age Clore STATE OF ILLINOIS ) ) COUNTY OF COOK ) VILLAGE OF ELK GROVE VILLAGE ) I, Margaret C. Petrie, Village Clerk of the Village of Elk Grove Village, Cook County, Illinois, do hereby certify that the foregoing is a true and correct copy of an Ordinance duly passed by the Board of Trustees of said Village on the 22nd day of July, A.D. 1957, and duly approved by the President of said Village on the 24th day of July, A.D. 19572 the original of which Ordinance is now on file in my office. I do further certify that I am the legal custodian of all papers, contracts, documents and records of said Village. WITNESS my hand and the official seal of said Village this 25th day of July, A.D. 1957. _/s/ 14a�aret .C—Petrie Village Clerk Box 226 - Rt. 3 Village of Elk Grove P.O. Bensenville, Illinois_ Address (SEAL) ACCEPTANCE OF ELECTRIC ORDINANCE TO THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE ELK GROVE VILLAGE, ILLINOIS. Gentlemen: The undersigned, COMMONWEALTH EDISON COMPANY (PUBLIC SERVICE COMPANY DIVISION), for itself, its successors and assigns, hereby accepts the Ordinance entitled: "An Ordinance authorizing Commonwealth Edison Company (Public Service Company Division), its successors and assigns, to construct, operate and maintain an electric light and power system in and through the Village of Elk Grove Village, County of Cook, State of Illinois"; duly passed by the Board of Trustees of the Village of Elk Grove Village, on the 22nd day of July, A.D. 1957, and duly approved by the President of said Village on the 24th day of July, A.D. 1957. IN TESTIMONY WHEREOF, the undersigned has caused these presents to be signed by its Vice—President, and its Corporate Seal to be hereunto affixed, attested by its Secretary, this 31st day of July, A.D. 1957• COMMONWEALTH EDISON COMPANY (PUBLIC SERVICE COMPANY DIVISION) By /s/Mor ag n F_Murphp Vice—President ATTEST: Zs/ Fred N. Baxter Secretary STATE OF ILLINOIS ) SS COUNTY OF COOK ) VILLAGE OF ELK GROVE VILLAGE I. Margaret C. Petrie, Village Clerk of the Village of Elk Grove Village, Cook County, Illinois, do hereby certify that the attached and foregoing is a true and correct copy of an Acceptance of an Ordinance of said Village, duly passed by the Board of Trustees on the 22nd day of July A.D. 1957, and duly approved by the President of said Village on the 24th day of July A. D. 1957, and that said acceptance was duly filed in my office on the 6th day of August, A. D. 1957. I do further certify that I am the legal custodian of all papers, contracts, documents and records of the said Village. WITNESS my hand and the official seal of said Village this 6th day of kugust, A. D. 1957. /s/ Margaret C. Petrie Village Clerk Box 226, #3 Rt. Pensenville, Ill. P.O. Village of Elk Grove Address (SEAL) PUBLIC SERVICE COMPANY DIVISION OF COMMONWEALTH EDISON COMPANY 72 W. Adams St. Chicago 90, Illinois July 22, 1957 President and Board of Trustees Village of Elk Grove Village Elk Grove Village, Illinois Gentlemen: Inasmuch as the Village of Elk Grove Village does not now own or occupy any buildings, or part of any buildings, solely for municipal purposes, as a Village Hall, Fire Station, Police Department and Library; and inasmuch as the Village of Elk Breve Village may or will acquire, by purchase or other- wise, some buildings or parts thereof exclusively for such municipal purposes: Now, therefore, for and in consideration of the passage by the President and Board of Trustees of the Village of Elk Grove Village on July 22, 1957, of an ordinance granting to Commonwealth Edison Company (Public Service Company Division), its successors and assigns the right to construct, operate and maintain an electric light and power system in the Village of Elk Grove Village, 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 Village of Elk Grove Village, such an amount of electric energy as may be reasonably necessary for lighting and various other uses in such a Village Hall, Fire Statioh, Police Department and Library if and when such municipal buildings are acquired by the Village and are solely occupied by the Village for municipal purposes and not for purposes of revenue (or such part thereof as may from time to time be so occupied). The foregoing arrangement shall be effective as soon as the Village shall acquire and occupy such a Village Hall, Fire Station, Police Department and Library, beginning with first readings made thereafter, of meters measuring electric energy for the above purposes at said locations. None of said electric energy so to be supplied without charge to the Village shall be used by the Village for heating, street lighting, floodlighting, 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 (PUBLIC SERVICE COMPANY DIVISION) By /s/ Morgan F. Murphy _ Vice President