Loading...
S-6B - 06/10/1958 - AGREEMENT - Ordinances C `..Cis kcjsl ED.s©tj aRb � �� yy✓�,o F(LANG ELECTRIC ORDINANCE -- -- AN ORDINANCE AUTHORIZING COL`1:011tiYEALTH EDISON COM- PANY (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 OAKBROOK, DU PAGE COUNTY, ILLINOIS. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAKBROOK , ILLINOIS% SECTION 1, That the right, permission and authority be and the same are hereby granted to COMMONWEALTH EDISON COMPANY (PUBLIC SERVICE COMPANY DIVISION) , 4n Illinois corporation, its successors and assigns, (hereinafter referred to as the "Grantee") , to oonstruot, operate and maintain in and through the VILLAGE OF OAKBROOK (hereinafter referred to as the "Munioipality"), In the County of D uPage , 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 o•on'struot, operate and maintain all such poles, wires, conduits and other apparatus and equipment as may be necessary or convenient for such system in, upon, along, over, aoross, 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 p eoe , w e rests , a , venues or other public places, a on suc atree s, f I r2r 1 + lacas , and shall be eroct0ca alleys, avonuos and o„rer public p the supervision of the Committee on Streets and Alleys of the ' oipality, or such other duly authorized agent as the Board of Trustees of the Municipality may from time to time designate. All I poles erected under this ordinance shall be not less than twenty-P3vo (25) feet in height, and shall be so located as not to injure un- necessarily any drains, sewers , catch basins , water pipes , pavemonto' or other like Public improvements , but should any drain, sower* catch basin, water pipe, pavement or other like public improvement be in- fured 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 Munioipality, 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 directed to call upon the Grantee to, and the Grantee may of its can accord, cause the trees growing upon or overhanging all of the streets , alleys, avenues and other public places in the Munioipality 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 suoh other duly authorized agent, of tho Uuniolpality, by and at the expense of the Grantee. '4 I i I i -3- All nbanuoned holes shall be removed as soon es the uric thereof is discontinued . All poles shall be set in strRii�,ht lines so far as practicable, and all overhead wires , conductors and cables shall, so far as nracticRble, be kept at least eighteen (1�� feet above the level of the ground. The Municipality shall have the right to the use of one oross arm: ori the poles of the Grantee for the oollce 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 Munioipality, 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 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 succes- sors and assigns., shall upon receiving written notice from the Muni- o1pality to that effect, and within twenty-four (24) hours after receiving such written notice, so out, 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 II time when any of said mires and poles shall be so out, 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- sible for, and forever save harmless the Municipality from any and all judgments , damages , decrees , costs and expenses , including attorneys' fees, which the Munioipality may legally suffer or incur or which may be legally obtained against the Municipality for or by roason 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 by the Grantee of any of the privileges herein granted, and, as an additional security therefor, the Grantee shall, during the, lif e 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 ($50,000) 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 Munioipality, 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. I SECTION 5. After the passage of this ordinance and within thirty (30) days after passages 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 aocept j this ordinance within said period of time shall be deemed a resection hereof by the urantee, and the rights and privileges herein granted i I i w�Y 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 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 "Granteelf wherever appearing in this ordinance shall include and be taken to mean not only said Commonwealth Edison Company (Publio Service Company Divi- sion), but also each and all of such successors and assigns. SECTION. ?. This ordinance, if accepted by the Grantee as hereinabove providedo shall be in full forge and effect on and ,after (C)TA , 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, permission and authority to said Grantee or any predecessor companies or assignors of the Grantee to oonstruotp operate and maintain any system for the produotion, transmission distribution and sale of electrioity for lighting, heating, power and other purposes within this Municipality, PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF OAKBROOK , ILLINOIS, THIS J�� DAY OF A.D. 19 ,. i illage Clerk i APPROVED BY THE PRESIDENT OF THE VILLAGE OF OAKBROOK , ILLINOIS, THIS ! DAY OF _....�..,,.�, A.D. 19.5,�f - (Seal ) 'President I ATTEST% I Vi cage Clerk j STATE OF ILLINOIS � COUNTY OF DU PAGE S� VILLAGE OF OAKBROOK i i ti s I, Z of , Village Cler k the Village of Oakbrook, DuPage County, Illinois , do hereby certify that the foregoing is a true and correct copy i of an Ordinance duly passed by the Board of Trustees of said T I Village on the ( day of "3 m __ , A.D. 19 , and duly approved by the President of said Village on the day of , A.D. 19 ` fir the original of which Ordinance is now on file in my office. I do further certify that I am the legal custodian of i all papers, contracts, documents and records of said Village. I WITNESS my hand and the official seal of said Village this O TH day of .._..�6?C�3`� , A.D. 19 UVillage Olerk ress (SEAL) i i ACCEPTANCE OF ELECTRIC ORDINA;�CE TO THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAKBROOK OAKBROOK , ILLINOIS. i Gentlemen: The undersigned, COMMONWEALTH EDISON COMPANY (PUBLIC SERVICE COMPANY DIVISION) , for itself, its successors and assigns , hereoy 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 Oakbrook , County of Du Page , State of Illinois"; duly passed by the Board of Trustees of the Village of Oakbrook on the loth day of June , A.D. 19 58 , and duly approved by the President of said Village on the loth day of June , A.D. 1958. IN TESTIMONY WHEREOF, the undersigned has caused these i presents to be signed by its Vice-President, and its Corporate Seal to be hereunto affixed, attested by its Secretary, this 116th day of June , A.D. 1958 COMMONWEALTH EDISON COMPANY (PUBLIC SERVICE COMPANY DIVISION) B y � VICE-PRESIDT ENT ATTEST: SECRETARY \0V t+v► S•b6 STATE 'OF ILLINOIS COUNTY OF DU PAGE ; SS. VILLAGE OF OAKBROOK r^ .5 , Village Clerk of t,'n..a Village of Oakbrook, Du Page 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 loth day of June , A. D. 1958 q and duly approved by the President of said Village on tho loth day of June A. D. 1958 # and that said acceptance was. duly filed in my office on the �day of Jut v .$ A.D. 19S? I do further certify that I am the legal custodian of all papors, contracts, dooumonts and records of the said Village. 17ITNESS my hand and the official seal of said Village this day of +U , A. D. 19-58, VILLAGE CLERKO ADDRESS O I ELECTRIC ORDINANCE BOND 'Wrt'4, S�bb Bond No. 3082891 05,000.00 PRESENTS: That we KNOW ALL MEN BY THESE a COMMONWEALTH EDxSON COMPANY PUBLIC SERVICE COMPANY DIVISION), an Illinois oorporation, as prinoipal, and National Surety Corporations a New York corporations as Surety, are held and firmly bound unto the Village of Oakbrook, DuPage Countys Illinois,, in the sum of Five Thousand Dollars ($5,000.00) for the payment of which, well I and truly to be made, we bind ourselves, our successors and as- signs, jointly, severally and firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that vhereass 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 Commonwealth Edison Company (Public Service Company Division), its successors and assigns, the right, permission and authority to construct, operate and maintain in and through the Village of Oakbrook in the County of DuPage and State of Illinois, for a t®rm of Fifty (50) years, effective on and after June 10, 1958, a system for the production, transmission, distribution and sale of electricity for lighting, heating, power and other purposes, and WHEREAS, it is provided in Section 4 of said ordinance that said Commonwealth Edison Company (Public Service Company Division), ; its successors and assigns shall, during the life of said ordinance* keep on file with the Village Clerk of said 'Village i of Oakbrook, a good and sufficient bond in the sum of Five Thousand Dollars ($50000.00)s conditioned to protect and indemnify said j Village from and against any loss„ injury, damage or liability ft (pit • legally arising from or growing out of the construction, operation s or maintenance of said system, or legally resulting on account of the privileges in said ordinance granted; NOW$ if said Commonwealth Edison 'Company (Public Service Company Division), its successors and assigns, shall conform to and comply with said provisions in Section 4 of said ordinance granted, then this obligation to be void; otherwise to remain in full force and effect. IN WITNESS WHEREOP, said Principal and Surety have caused these presents to be executed by their lawfully authorized officers this 13th day of June, 195$• Principal COMMONWEALTH EDISON COMPANY (PUBLIC SERVICE COMPANY DIVISION) By C;9-1 Mice-Pres�den ' ATTE t Secretary Surety NATIONAL SURETY CORPORATION By Attorney-in-Fact HERBERT RAUSS= I �y 1 - TIO)4 '-NATIONAL SURETY 7 A Member of The FUND Insurance Companies GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that NATIONAL SURETY CORPORATION, a Corporation duly organized and existing under the laws of the State of New York, and having its principal office in the City of New York, N. Y., hath made, constituted and appinted, and does by these presents make, constitute and o appoint HERBERT WS1SECK CHICAGO and State of ILLINOIS its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and delfveran and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings; and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. Said appointment is made under and by authority of the following provisions of the By-laws of NATIONAL SURETY CORPORATION- STATE OF ILLINOIS, Iss.COUNTY OF COOK I Pra r�r O I ua ra a Notary Public of Cook County,in the State of Illinois, do hereby certify that HERBERT RAUSSECK ------------- Attorney in fact, of NATIONAL SURETY CORPORATION, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day l person and acknowledged that he signed, sealed and delivered said instrument, for and on behalf of NATIONAL SURETY CORPORATION for the uses and purposes therein set forth. Given under my hand and notorial seal at my office in the City of Chicago, in said County,this 13th_—day of --__- ------------ A. D. 19-5$- Jl Notary Pxblic. F.21705 Cook Co.1500-5-53 3 the corporation, to execute, acknowledge and deliver, any and all nonas, recognizances,contracts,agreements of indemnity and other con- ditional or obligatory undertakings, and any and all consents and releases incident thereto, and any and all notices and documents cancel. ling or terminating the Corporation's liability thereunder, and any such instrument so executed by such Attorney-in-Fact shall be as binding upon the Corporation as if signed by the President and sealed and attested by the Secretary. (As amended April 28, 1953. Applies to all powers of attorney executed on or after that date.) "Section 7.—Attorneys-in-Fact.—Attorneys-in-Fact are hereby authorized to verify any affidavit required to be attached to bonds, recoq- nizances, contracts of indemnity, or other conditional or obligatory undertakings, and they are also authorized and empowered to certify to a copy of the By-laws of the Corporation or any Article or Section thereof. (Adopted April 29, 1933. Applies to all powers of attorney exe- cuted prior to May 25, 1933). "Section 7.—Attorneys-in-Fact.—Attorneys-in-Fact are hereby authorized to verify any affidavit required to be attached to bonds, recoq- nizances, contracts of indemnity, or other conditional or obligatory undertakings, and they are also authorized and empowered to certify to copies of the By-laws of the corporation or any Article or Section thereof. (As amended May 25, 1933. Applies to all powers of attorney executed prior to April 27, 1943). "Section 7.—Attorneys-in-Fact—Verifications.—Attorneys-in-Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts, agreements of indemnity, or other conditional or obligatory undertakings, and they are also authorized and empowered to certify to copies of the By-laws of the Corporation or any Article or Section thereof. (As amended April 27, 1943. Applies to all powers of attorney executed prior to June 27, 1944). "Section 7.—Attorneys-in-Fact—Verifications--Certifications.—Attorneys-in-Fact are hereby authorized to verify,by affidavit or otherwise, the authority to execute bonds, recognizances, contracts, agreements of indemnity, and other conditional or obligatory undertakings; and to certify, by affidavit or otherwise, as to the inspection or examination of assets of the estates, where the fiduciary responsible for such assets is bonded by the Corporation, and they are also authorized and empowered to certify to copies of the By-laws of the Corporation or any Article or Section thereof. (As amended June 27, 1944. Applies to all powers.of attorney executed on or after that date). "ARTICLE VIII. APPOINTMENT AND AUTHORITY OF RESIDENT ASSISTAKT SECRETARIES, AND ATTORNEYS-IN-FACT, AND AGENTS TO ACCEPT LEGAL PROCESS AND MAKE APPEARANCES. Section 30. Appointment. The President, any Vice President, or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys- fi in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. (Adopted October 25, 1955. Applies to all Powers of Attorney executed on and after that date.) Section 31. Authority. The authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment. (Adopted October 25, 1955. Applies to all Powers of Attorney executed on and after that date.) IN 'WITNESS WHEREOF, NATIONAL SURETY CORPORATION has caused these presents to be signed by its Vice President, attested by its Assistant Secretary, and its corporate seal to be hereto affixed I 23rd day of APRIT A.D., 19–E. NATIONAL SURETY CORPORATION • !, S-wa STATE OF ILLINOIS ) COUNTY OF DU PAGE ) SS. ) VILLAGE OF OAKBROOK ) I -P ` `mil P<Z y' 1IMS Village Clerk of the Village of Oakbrook Du Page County, do hereby certify that the attached and foregoing is a true and correct copy of a certain bond duly filed in my office by Commonwealth Edison Company (Public Service Company Division) $ on the ° T day of s- A.D. 19 , under and pursuant to the provisions of a certain ordinance of said Village passed on the 10th day of June t A.D. 1958 , and that the original bond' of which the foregoing is a copy, was duly approved and 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 the said Village. WITNESS, my hand and the official seal of said Village, this day of , Isiy LNI; A.D. 19 . Vil pge Clerk % Address ✓ (SEAL) x n t. � \ � y�P _..