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HomeMy WebLinkAboutOrd 922 07/16/1963 ELECTRIC OHDINANCg _'1 ~ <-::L AN ORDINANCE AU1'HORIZINO Cm1HOIH-JEALTH EDISON COMPANY (PUBLIC SERVICE COMPANY DIVISION), ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE AND MAINTAIN AN ELECTRIC LIGHT AND PO~ffiR SYSTEM IN AND THROUGH THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT ,ILLINOISs / SECTION 1. That the right, permission and authority be and the same are hereby granted to COMMON~/EALTH EDISON COMPANY (PUBLIC SERVICE COMPANY DIVISION), an Illinois corporation, its successors and assigns, (hereinafter referred to as the "Grantee"), to construct, operate and mointaln in and through the VILLAGE OF MOUNT PROSPECT (hereinafter referred to as the "Municipality"), in the County of Cook , and State of Illinois, for a term of fifty (50) years, a systelll 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 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 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 strflets, allays, avenues or other public places, as n~ to interfere unnecessarily with travel on such streets, alleys, avenues and other public places, and shall be erected under the supervision of tho Co~nittee on streets and Alloys of the Municipality, - 2 .. or such other duly authorized ag~nt as the Board of Trustees of the Municipality may from time to time designate. All poles erected under this ordinance shall be not less than twenty-live (2,> feet in height, and shall be so located as not to injure unnecessarily any drainS, sewers, catch bas.ins, water pipes, pavements, or other like public improvemen.ts, but should any drain, sewer, catch basirA, water pipe, pavement or other like public improvement be injured 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 authoriz~d 8gent, of the Municipality is hereby authorized and directed to c.a11 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 ther~ 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 ot the branches, twigs or leaves of said tr~es shall comA in contact with or in anywise interfere with the wires or other equipment upon said lines. Said trees shall be trimmed unde.r the supervision ot said Committee on Streets and Alleys, or suoh other duly authorized agent, of the Municipality, by and at the expense of the Grantee. All ablindoned poles shall be removed &S 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 oables ehall, so far as practicable, be kept at lea~t eighteen (18) feet above the level of the grour.d. - 3 - The Municipality shall have the right to the use ot one cross arm on the poles of the Grantee for the police and tire 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 Municipalitl. 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 Munic~pality, the Grantee, ita successors and assigns, shall upon receiving written notice tfom the Municipa11ty to that effeot, and within twenty-four (2~) hours atter receiving ~uch written notice, QO cut, remove or adjust its said wires or poles that the uam6 will in no way interfere with tho moviag 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 publio use by the Grantee ot such wires and poles for the bene- tit ot the inhabitants ot the Municipality and the successful opera- tion of the Grantee's eleotrio light and power system. All questlona a8 to the time when any of said wires and pol,es shall be so cut, removed or adjusted tor the purpose aforesaid shall be deoided by the Munio1pality, or its proper officers, and such deoision shall be final. 8ECTION 4. The Grantee shall indemnify, beoome l'espon- sible for, and forever save harmleHs the Municipality from any and all jUdgments, damages, deorees, costs and expenses, including - It - attorneys' fees, which the Municipality may legally suffer or inour 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 publio place in the Municipality by the Grantee pursuant to the terms of this ordinance or legally resulting from the exercise bf 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 Village Clerk of the Municipality a good and sufficient bond in the penal sum of Five Thousand Dollars ($5,000) cond1t1.oned to protect and in- demnify the Municipality as l.n 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 Boa.rd of Trustees 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 ordlnance and within thirty (30) days after passage, this ordlnance, if accepted, shall be accepted by the Grantee by its filing with the Village Clerk of the Municipality an unconditional written acceptance hereof, to be duly executed according to law, and a failure ot the Grantee to so accept this ordinance wlthin said period of time shall be deemed a rejection hereof by the Grantee, and tho rights and privileges herein granted shall after the expiration of said period of thlrty (30) days) if not so accepted, absolutely cease and determine, unless SQid period of time shall be extended by the Municipality by ordinance duly passed for that purpose and beforo 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, sald Common- weal th Edison Company (Public fJ~rvic6 COlllpuny Di v 1slon) shall also . - 5 - be obligatory upon and shall inure to the benefit of any and all suooessors and assigns of said corporationJ and the word "Orantee" wherever appearing in this ordinance shall include and be taken to mean not only said Commonwealth Edison Company (Public Servioe Company Division), but also each and all of such succeSBoro and assigns. SECTION 7. This ordinance, if accepted by the Granteo 88 hereinabove provided, shall be in full foroe and effeot on and atter }-, ~ Lt. , 19.f.J, and shall trom and atter tho effeotive dar.e, 8upersede, oancel and be in lieu ot any and all other existing or prior grants or right, permission and authority to said Grantee or any predeoessor oompanies or assignors ot tho Orantee to oonstruot, operate and maintain any system tor tho produotion, transmission, diotribution and sale of eleotrioity tor lighting, heating, power and other purposes within th1a Munioipality. PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT OF~J~J , ILLINOIS, THIS , A.O. 19 w"'). It, DAY If, ~ ~. (i.,(/-"'J~ i lage C erlc APPROVED BY l.'HE PRESIDENT Oli' 'rUE VILLAGE OIl' MOUNT PROSPECT . .... )- L-< ~L~l ,j , IU.INOIB, 'l'lIIB . A . D . 19 d-~J. /6 DAY OF ~ ~ \ . , I ~'~ .. ""-"1U'~ ~~. .&~ Pres t= (BEAL) !'!"l'EST s /:) / ~/~ L_.UL~ Vill/lgti Clorl( STATE OF ILLINOIS COUNTY OF COOK VILLAGE OF MOUNT PROSPECT ) ) ) SSe ) ) I, I if~ id (/j /Ai ~'/~VV ,V11lage Olerk ot the Village ot Mount Prospect, Cook County, Il11nois, do hereby oertlfy that the toregoing ls a true and oorreot oopy or an Ordlnance du11 passed by the Board ot Trustees ot sald Village on the I ~ da)" ot ~ L Ly , A.D. 19~. and duly approved by the Presldent ot sald Village on the day ot ;;. -' /1 /;:, . A.D. 19.1J. the original ot whioh Ordinanoe 18 now on tile in my office. I do turther oertify that I am the legal custodian ot all papers, oontraots, documents and records ot s81d Village. WITNESS ~ hand and the official seal of said Village day ot \.. c.t ~"1 , A.D. 19 b-J. ~ J - this lie If, 1~ ~. ~~"'-' lege C er v Address (SEAL)