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HomeMy WebLinkAboutOrd 13 11/05/1917 ,.." Ordinance Number 1~.---- Electric Ordinance AN ORDINANCE AUTHORIZING NORTHWESTERN LIGHT AND POWER COMPANY, ITS SUCCESSORS AND ASSIGNS TO CONSTRUCT, OPERATE AND MAINTAIN AN ELECTRIC LIGHT AND POWER SYSTEM IN THE VILLAGE OF MOUNT PROSPECT, IN COOK COUN'I'Y, ILLINOIS: BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Illinois: . Section 1. That the right, permission and authority be and the same are hereby granted to Northwestern Light and Power Company, its succeRBors and assigns (hereinafter referred to as the "Grantee"), to construct, maintain and operate in theVillage of Mount Pro~pect (hereinafter referred to as the "Municipality"), in the State of Illinois, a system for the distribution and sale of electricity for lighting, heating and power purposes, and to construct, ~aintain and operate all necensary poles, wires conduits, and apparatus necessary or convenient fer such system in, upon, along, acrose and under each and all of the streets, a11e"s, avenues, and other public places in said Municipality, subject to the conditions and regulations hereinafter set forth. Section 2. All poles and wires erected under this grant shall be placed in alleys whenever practicable se to do, and stall be so placed whether on streets, alleys, avenues or other public places ae not to interfere unnecessarily with travel on such streets, alleys, avenues, and other public places, and srall be erected under the supervision of the Committee on Streets and Alleys of said i\lunicipali ty or under such other supervision as the Board of Trustees of said Municipality may from time to time provide. All poles erected under this ordinanc.e shall be not less than twenty-rive (25) feet in height, and shall be so located as not to injure unnecessarily any drains, sewers, catch-basins, water pipes, or other like public imprcvernents, but should any pavement or any drain, sewer, catch-basin, water pipe or other like public improvement be injured by such location, said Grantee shall fort.hwith repair the damage caused by such injury to the satisfaction of the Committee on Streets and Alleys of said Municipality, and in default thereof said Municipality may repair such damage and charge the cost ttereof to, and collect the same from, eaid.Grantee. All abandoned poles shall be removed as soon as the service is discontinued. All Doles shall be set in straigtt lines so far as possible, and all overhead wires, ccnduc-'- tors and cables shall, 80 far as possible, be kept at least twenty (20) feet above the level of the ground. Said Municirality shall havethe right to the use of one cro~s arm on the poles of said Grantee fer the police and fire alarm servi~e wires of said Municipality, provided t~at the same shall be so placed and maintained by the said Municipality under the direction of said Grantee, 80 as not to interfere with the wires of said grantee, its succe~ors and assigns. continued-- .1. _ . _ --_ _ t -- ~ ,-, ~ "J' 03a Said Grantee shall be subject to all reasonable regulation which may now or hereafter be required or provided for ~ said Municipality in relation to the use of the public . streets, alleys, avenues and other public ~laces of said Municipality.. . Section '3 - when at any time hereafter any house or building shall be moved by the permission of said Municipality or its proper officers along, across or up- on any of the streets , alleys or avenues of said Munici- pality, the said Grantee, its successors or assigns, shall upon receiving notice from said Municipality to that effect and within twenty-four hours after receiving such written notice, so cut, remove or adjust its said wires or polee that the same will in no way interfere with the moving of any such house or building , provided , however , that such cutting, moving and adjusting of said wires and poles be done at such time of the day or night as will leaet interfere with the public use by said Grantee of such wires and poles for the benefit of the inhabitants of said Municipality , and the successful operation of its plant. All questions as to the time when said wires and poles shall be cut, removed or adjusted for the purpose aforesaid, shall be decided by said Municipality,. and such decision shall be final. ( Section 4 - Said Grantee shall indemnify, be- come responsible for and forever save harmless said Municipality from any and all damages , judgments,de- crees, costs and expences, including attorney's fees, whicn said Municipality may legally suffer ar incur or which may be legally obtained against said Municipality for or by reason of the use and occupation of any street, alley, avenue or other public place in said Municipality by said Grantee pursuant to the terms of this Ordinance, or legally reoulting from the exercise ty said Grantee of any of the privileges herein granted , and , as an additional security therefor, said Grantee shall, during the life of this Ordinance , keep en file with the Village Clerk, a good and sufficient bond in the sum of Five Thousand Dollars($5000.00) conditioned to protect and indemnify said Municipality as in this seetlen provided, and said bond ahall ce subject to the approval of the Board of Trustees of said Municipality, and said Muni- cipality shall have Lhe right from time to time, when- ever in the opinion of said Board of Trustees the same may be necessary, to require said Grantee to renew or provide addi t.ional er other eecuri ty on said bend. . ~ection 5 - In consideration of the rights and pr1vile gee heroin granted , said Grantee shall, during the term of this grant furnish to the said Municipality annually, free of cost and expence, electrict.y for light- ing buildin["s owned by said Municipality only, not exceei- ing , however, 400,000 watt hours, the coat of installmg and all electrical eauipment reauired in said building~, or any of them , to be borne by said Municipality. If said Municipality shall , in any year, require electricity in excess of 400,000 watt hours, for the purpose of lighting said buildings or for any ether municipal purpose, Continued--- .."'^_: ~.. ~_. -.~ . -'.'1 .... '7 "'" ""'" .."" "", --l I ! exclusive of lighting the streets of said Municipality or of pumping the water into the water system of said Municipalit~ , then in that case the Municipality shall" pay for such excess at the rate of Nine (9) cents per kilowatt hour, without discount. Section 6 -~he rate to be charged by the said Northwestern Light and Power Company, its successors and assigns , for furnishing electrical service to any consumer shall not exceed Twelve (12) cents per kilowatt hour for all electricity consumed in each month up to and including an amount that would be equal to thirt~T hours t use of the consumer's maximum demand in such month, and eight (8) cents per kilowatt hour for the electricity con- sumed in such month in excess of that amount. 'All bills shall be rendered monthly , as nearly as practicable , and on each bill paid within ten days after its rendition the consumer shall be entitled to ~ discount of one cent per kilowatt hour on the total consumption charged for therein , provided , however , that if ~ayment shall not be made within ten days, said Grantee shall not be re- quired to allow said discount. If any Consumer shall fail to pay any bill with- in Twenty (20) days after its rendition, the said Gran- tee may cut off the electrical service to such consumer untill all arrears , including cost of shuting off and of reconnecting for resumption of service, shall be fully paid. The consumefs maximurr. demand shall be as- certained by a maximum recording meter , except where the maximum capacity of his installation is five kilowatts or less, in which case it may be estimated by the said Grantee at or within such maximu~ capacity. OM Section 7 - All rights and privileges granted by this" Ordinance are granted for the term of Fifty (59') years from and after the acceptance of this Ordinance 8S hereinafter provided . ~ Section 8 - The Grantee shall have the right to remove its meter from the premises of any consumer con- nected with its wires, and to discontinue its service, ~"henever" the net amount of any monthly bill for consump- tibfL in said premises shall not exceed fifty (50) cents unless such consumer shall agree to pay a minimum charge of fifty (50) cents a month for each meter . In the event conneotions are to be made where the intermediate distance is more than Five Hundred (500) feet the cost tl:ereof ahall first be corne by the owner of the property eo connecting . ;, Seotion 9 - After the passage and approval of th.~sOrd.lna.nce and. within thirty ()O) days after such app'ro'V'sl, this Ordinance , if accepted , shall be accepts d by s.id Grantee by its filling with the Village Olark of said MUnicipality , an unconditional written acceptance thereof ,to be duly executed according to law, and a failure of said Grantee to so accept tpis Ordinance with- in said period of time , shall be deemed a rejection thereof by said Grantee, and the rights and privileges herein granted shall, after the experation of said period of thirty ('0) days, if not so accepted, absolutely continued "'~ .. .~. ,)- {jot) cease a~d determine , unless said period of time shall be extended by the said hunicipality by Ordinance duly pasood for that purpose and before the experation of said peri~ of thirty (30) days. Section 10 - All prouisjons of thig ordinance which are oblit;atory upon , or 'Shieh hlUr(l i:c the benefi t of Raid Northwestern Light and Power Co~pany , 8~all also be obliga- tory upon and shall inure tc t:he bene:fit of 9"1 succe~:;8orB and assigns of said Ncrthrostern Light and Powsr Ccmpan~ and the 'Norei" '...d'iintce" TNherE::'..'er L<sed in thlf1 Crdir:anco sta 11 ir:clude and be taken to !umn not cr;lv said Ncrthwestern Light and Power Companv , but aleo all successcrs and assiVrls of f~aid Nort1:\'.'83t.orn Light and Pm'csr CO'l'pany. Section 11 - This Cr'inarce shall te in ferce from and after itn nassa~e and approval and the acceptance thereof as hereintefore provide~. Passed Novo~ber 5th 1917. ,ipproved NOVOT~er Fth. 1917. Jv~~ r~ Villap:E.~e8i[18nt . ~~~ Villaw {lClerk.