Loading...
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: __ __ _ _ _ � _ ' ,� A � .p -Z- 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 ,- 4 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