S-6A - 06/10/1958 - AGREEMENT - Ordinances r'
Nom. GA 6
FRA�ic
S-6A OGRE
Se E ALSO
PjGrREEMENTS
-- GAS ORDINANCE -- "�p�I N'�•�•
AN ORDINANCE AUTHORIZING NORTHERN ILLINOIS GAS
001,1PANY, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT,
OPERATE AND MAINTAIN A GAS DISTRIBUTING SYSTE 4 IN
AND THROUGH THE VILLAGE OF
COUNTY, ILLINOIS .
BE IT ORDAINED BY THE PRESIDENT AND B04RD OF TRUSTEES OF
THE VILLAGE OF OA�BROOE ILLINOIS:
SECTION 1, That the right, permission and authority be
and the same are hereby granted to NORTHERN ILLINOIS GAS CO1 A:
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the supervision of the Committee on Streets and Alleys of the Munici-
pality, or such other duly authorized agent of the Municipality as -the
Board of Trustees may from time to time designate. All pipes) mains,
conductors and other appliances 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, sewers catch
basin, water pipes 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, or such other duly authorized agentp and in default thereof
the Municipality may repair such damage and charge the cost thereof to,
and collect the same from) the Grantee. The Grantee shall be subject
to all reasonable regulations which may now or hereafter be prescribed
by general ordinance of the Municipality wit)a respect to the use of the
public streets$ alleys, avenues and other public places of the Munici-
pality.
SECTION 3 • The Grantee shall indemnify, become responsible
for and forever save harmless the Municipality from any and all judg-
ments, damages, decrees, costs and expenses, including attorneyst 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 ordi-
nance or legally resulting from the exercise by the Grantee of any of
the privileges 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 Municipality a good and sufficient bond in the
penal sum of five Thousand Dollars (65,000) , conditioned to protect and
indemnify the Municipality as in this section provided, and said bond
3 _
shall be subject to the approval of the Board of Trustees of the Muni-
cipality, and the Municipality shall have the right from time to time;
whenever in the opinion of 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 4. 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, written acceptance hereof, to be duly
executed according to law, and a failure of the Grantee to so accent
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 ordinance duly passed
for that purpose and before the expiration of said period of thirty
(30) days .
SECTION 5, All provisions of this ordinance which are ob-
ligatory upon, or which inure to the benefit of, said Northern Illinois
Gas -Company shall also be obligatory upon and shall inure to the bene-
fit of any and all successors and assigns .of said corporation, and the
word "Grantee') wherever appearing in this ordinance shall include and
be taken to mean not only said Northern Illinois Gas Company, but also
each and all of such successors and assigns,
S—GA
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SECTION 6 . This ordinance, if accented by the Grantee as
hereinabove provided, shall be in full force and effect on and after
June 10th 19 , 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, ?-)ermission and authority to said Grantee
or any predecessor companies or assignors of the Grantee to construct,
operate and maintain any system for the production, distribution and
sale of gas for fuel, heating, processing and other purposes within
this Municipality.
PASSED BY Tr.E BOARD OF TRUSTEES OF T1E VILLAGE OF
ixT' ' a XLLTNOIS, ftilS 10th DAY OF
Junes A. D. 19 j.
/s/ Phyllis Perkins
Village Clerk
APPROVED BY THE ?R71SIDENT OF THE VILLAGE OF
:ILLINOIS, THIS 3 Oth DAY OF June
A . D.' 19, .
Isl T. A. Mohlman
President
(Seal )
A:jTEI T
/s/ Phyllis Perkins
Village Clerk
L
S-6A
STATE OF ILLINOIS )
COUNTY OF DU""1j'A0Z ) SS.
)
VILLAGE OF
I, Phyllis Perkins , Village Clerk of
the Village of `Oat:br oofl , Dube o 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 10th day of June , A.D. 19L—., and
duly approved by the President of said Village on the 10th
day of June , A.D. 19: , 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 10th day of June , A.D. 19 '
/s/ Phyllis Perkins
Village Clerk
Oak Brook
Address
(SEAL)
OK as to form
7-15-58 /s/RCB
SEABOARD SURETY COMPANY
HOME OFFICE: NEW YORK, N. Y.
GAS
I ORDINANCE BOND
Bond No . 684055-90 $5 ,0.00 .00.
KNOW ALL MEN BY THESE PRESENTS , That we, NORTHERN ILLINOIS GAS
COMPANY, an Illinois corporation, as' Principal, and SEABOARD SURETY
COMPANY, a New York Corporation, as Surety , are held and firmly bound
unto the VILLAGE OF OAKBROOK Du Page County, Illinois in the
sum of FIVE THOUSAND DOLLARS ($5 ,000 .00) for the payment of which, well
and truly to be made , we bind ourselves , our successors and assigns ,
jointly, severally, and firmly by these presents .
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that , whereas , the
Board of Trustees of said VILLAGE OF OAKBROOK did, on the 10th day
of June 1958 , pass , and the President of said Village did on
the 10th day of June 1958 , approve an ordinance granting to
NORTHERN ILLINOIS GAS COMPANY , its successors and assigns , the right , per-
mission and authority to construct , operate and maintain in and through
the VILLAGE OF OAKBROOK , in the County of Du Page and State of
Illinois , for a term of Fifty (50) years , effective on and after
June 10, 1958 a system for the distribution and sale of gas for
fuel , heating, processing , and other purposes within and outside the
corporate limits of said municipality; and
WHEREAS it is provided in Section 3 of said ordinance that said
NORTHERN ILLINOIS GAS COMPANY, its successors and assigns , shall , during
the life of said ordinance , keep on file with the Village Clerk of said
VILLAGE OF OAKBROOK a good and sufficient bond in the sum of Five
Thousand Dollars ($5 ,000 .00) , conditioned to indemnify , become responsible
for and forever save harmless said Village 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 occu-
pation of any street , alley, avenue or other public place in the munici-
pality by the Principal pursuant to the terms of said ordinance, or
legally resulting from the exercise by the Principal of any of the privi-
leges in said ordinance granted .
1nl�+h. S—CoP1r
• SEABOARD SURETY COMPANY
NOW, if said NORTHERN ILLINOIS GAS COMPANY, its successors and
assigns , shall conform to and comply with said provisions of Section 3
of said ordinance granted, then this obligation to be void , otherwise
to remain in full force and effect .
This bond is delivered by the Principal and Surety and accepted
by the Obligee on the express condition that :
1 . This bond of the Seaboard Surety Company replaces ab initio
as of the inception date of the franchise Bond No . 3083005 previously
issued by National Surety Corporation . National Surety Corporation' s
bond is hereby discharged from any and all liability thereon with the
same effect as if said bond had never been made and had never been filed.
Seaboard Surety Company hereby assumes sole responsibility as Surety
under this bond from the inception date of said franchise .
IN WITNESS WHEREOF , said Principal and Surety have caused these
presents to be executed by their lawfully authorized officers this
1st day of June 1966
Principal
NORTHERN ILLINOIS GAS COMPANY
By
Vice President
ATTEST :
ant Secre y
Surety
Given under my hand and Notarial Seal this
STATE OF ILLINOIS
SEABOARD SURETY COMPANY
COUNTY OF COOK Iq-7 0
My Commission Expires April 9, 4Ad(f_
15t day of June A. D. 1966
i'
By
R. ,J. yde ttorn-ey—in—Fact
Notary Public. a d Resident _Agent
I, HELEN KOVEL, a Notary Public, in and for said County, in the State aforesaid, do hereby \
certify that R. J. HYDE Attorney-in-fact for the SEABOARD SURETY COMPANY,who is
personally known to me to be the same person whose name is subscribed to the foregoing instrument as
Attorney-in-fact, appeared before me this day in person and acknowledged that he signed, sealed and delivered
the foregoing instrument as his free and voluntary act as Attorney-in-fact of the SEABOARD SURETY COMPANY,
for the uses and purposes therein set forth, And the said R. J. HYDE being
first duly sworn on oath says that he is Attorney-in-fact for the said SEABOARD SURETY COMPANY, and that such
authority has not been revoked or rescinded; that he knows the corporate seal of said Company; that the seal
affixed to said instrument is such corporate seal, and that it was so affixed by order of the Board of Directors.
Certified Copy
SEABOARD SURETY COMPAw
No. 4806 HOME OFFICE
�rvw 100 WILLIAM STRRET,NEwYoRx 38,N.Y.
f omrr of Attnrnrg
$Caro all Mtn Ini t4ror f rrornts: That SEABOARD SURETY COMPANY, a corporation of
the State of New York, has made, constituted and appointed and by these presents does make, constitute
and appoint John F. Schmidt or B. J. Dorsch or R. J. Hyde or K. R. Leander,
of Chicago, Illinois,
its true and lawful Attorney-in-Fact, to make, execute and deliver, on its behalf as Surety, bonds, under-
takings and other obligatory instruments of similar nature as follows: Without Limitations.
Such bonds, undertakings and (,bligatory instruments for said purposes, when duly executed by the afore-
said Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if such
bonds, undertakings and obligatory instruments were signed by the duly authorized officers of the Company
and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority
hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of
Directors of the said Company on December 8th, 1927, and are still in full force and effect:
ARTICLE VI, Paragraph 6.7:
"Attorneys-in-Fact may be appointed by the President or a Vice-President upon such terms and with such powers
and duties as he may prescribe."
ARTICLE XI, Paragraph 11.1:
"All policies, bonds, recognizances, stipulations and all underwriting undertakings shall be valid:
(a) when signed by the President, or a Vice-President, or a Resident Vice-President, and by a Secretary, or an
Assistant Secretary, or a Resident Assistant Secretary or other duly authorized official or agent of the Com-
pany; or
(b) when executed by an Attorney-in-Fact."
Itt Witness 91jerruf, SEABOARD SURETY COMPANY has caused these presents to be signed
by its Vice-President, and its corporate seal to be hereunto affixed and duly attested by its Assistant Sec-
retary, this........... .?Fil.........day of..............._......._..-November.... ____- _- 19.._�jl.
Attest: SEABOARD SURETY COMPANY,
By
(Seal) .._...._.._._..._...._.........B.....C.,- R.0 d..:e......__....- -- W..---a. Wehre]>1..... - -....................._
Assistant Secretary Vice-President
STATE OF NEW YORK
COUNTY OF NEW YORK � ss.:
On this...........l7th.........day of.......................-.......Noven er......__............--.......--.--......., 19---61., before me personally appeared
............... ..•-•-------.......-- --•---W-5.-.Wehr.eL1------.....--••--............----•-......_.._...........-----------.._.......Vice-President of SEABOARD SURETY
COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides
in the State of......New...jex.s eft...........................: that he is Vice-President of SEABOARD SURETY COMPANY,
the corporation described in and which executed the foregoing instrument; that he knows the corporate seal
of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-President
of said Company by like authority.
(Seal) _..__---Lillian Miller .....----_-----------------•----
State of New York Notary Public
STA'I'E,OF NE'W YORK No. 41-2711300 Qualified in Queens County
COUNTY OIL N1;W YORK ss.: Cert. filed in New York County
Commission Expires March 30, 1963-
I, _$.._Ce.._.. 24��... __................_...._..._.�......._..._.. -._......-_._..... _ _........._...__-.............._........-.........................Asst. Secretary of
SEABOARD SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct
copy of a power of attorney executed by said SEABOARD SURETY COMPANY, which is still in full
force and effect.
fit 101t1 rso 104itreaf. I have signed this certificate at New York, New York,. this_.. 1st -._day"of
June, � 19 66 ;
e*�..• -..ti0 ssistant Secretary
I a f a!► ,�'4 z