Ordinance 1960-21 -- ELECTRIC ORDINANCE
AN ORDINANCE AUTHORIZING COMMONWEALTH LDISON
COMPANY IPUbLIC SERVICE CO14PANY DIVISION) , ITS
SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE
AND MAINTAIN AN ELECTRIC LIGHT AND POWER SYSTEM
IN AND THROUGH THE UNITED CITY OF THE VILLAGE OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF
THE VILLAGE OF YORKVILLE, ILLINOIS:
SECTION 1. That the right, permission and authority be
and the same are hereby granted to COMMONWEALTH EDISON COMPANY
(PUBLIC SERVICE COMPANY DIVISION) , an Illinois corporation, its
successors and assigns, (hereinafter referred to as the "Grantee" ) ,
to construct, operate and maintain in and through the UNITED CITY OF
THE VILLAGE OF YORKVILLE, (hereinafter referred to as the "Munici-
pality" ), in the County of Kendall, and State of Illinois, for a term
of fifty (50) years, a system for the production, transmission, dis-
tribution 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 necessary
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 streets, alleys, avenues or other public places,
as not to interfere unnecessarily with travel on such streets, alleys,
avenues and other public places, and shall be erected under the
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supervision of the Committee on Streets and Alleys of the Munici-
pality, or such other duly authorized agent as the City Council of
the Municipality may from time to time designate. All poles
erected under this ordinance shall be not less than twenty-five
(25) feet in height, and shall be so located as not to injure
unnecessarily any drains, sewers, catch basins, water pipes, pave-
ments, or other like public improvements , but should any drain,
sewer, catch basin, water pipe, pavement or other like public
improvement be injured by such location, the Grantee shall forth-
with repair the damage caused by such injury to the satisfaction
of the Committee on Streets and Alleys of the Municipality, or
such other duly authorized agent, and in default thereof the Muni-
cipality 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 co, 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 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, twig3 or leaves of said trees shall come in contact
with or in anywise 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 such other duly authorized
agent, of the Municipality, by and at the expense of the Grantee.
All abandoned poles shall be removed as soon as the use
thereof is discontinued. All poles shall be set in straight lines
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so far as practicable, and all overhead wires, conductors and cables
shall, so far as practicable, be kept at least eighteen (18) feet
above the level of the ground.
The Municipality shall have the right to the use of one
cross arm on the poles of the Grantee for the police 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 Municipality, under the direction of -'he 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-
cipality to that effect, and within twenty-four (24) hours after
receiving such written notice, so cut, 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
irlhabitants of the Municipality and the successful operation of the
Grantee ' s electric light and power system. All questions as to the
time when any of said wires and poles shall be so cut, removed, or
adjusted for the purpose aforesaid shall be decided by the Munici-
pality, or its proper officers, and such decision shall be final.
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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 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 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 life of this ordinance, keep on file with the City Clerk of
the Municipality a good and sufficent bond in the penal sum of
Five Thousand Dollars ($5,000) conditioned to protect and indemnify
the Municipality as in this Section provided, and said bond shall
be subject to the approval of the City Council of the Municipality
and the Municipality shall have the right from time to time, when-
ever in the opinion of the said City Council the same may be neces-
sary, to require the Grantee to renew or provide additional or other
security on said bond.
SECTION 5. 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 City Clerk of the
Municipality an unconditional written acceptance hereof, to be duly
executed according to law, and a failure of the Grantee to so accept
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.
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SECTION 6. All provisions of this ordinance which are
obligatory upon, or which inure to the benefit of, said Commonwealth
Edison Company (Public Service Company Division) shall also be
obligatory upon and shall inure to the benefit 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 Commonwealth Edison Company (Public Service
Company Division) , but also each and all of such successors and
assigns.
SECTION 7. This ordinance, if accepted by the Grantee
as hereinabove provided, .shall be in full force and effect on and
after / TCE_�.f -t,,; - , l9 <; 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 construct, operate and maintain any system for the
production, transmission, distribution and sale of electricity for
lighting, heating, power and other purposes within the Boroughs of
this Municipality.
PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE
OF YORKV ILLE, ILLINOIS, THIS ,�'� DAY OF ,_� ��- , A.D.
19.x,
City Clerk
APPROVED BY THE MAYOR /OE THE UNITED CITY OF THE VILLAGE OF
YORKVILLE, ILLINOIS, THIS DAY OF , , A.D. 190.
Mayor
(SEAL)
ATTEST:
i
City Clerk
1 • 1 . 1 �
A
STATE OF ILLINOIS )
COUNTY OF KENDALL ) SS.
UNITED CITY OF THE VILLAGE OF YORYLVILLE )
City Clerk
of the United City of the Village of Yorkville, Kendall County,
Illinois, do hereby certify that the foregoing is a true and correct
copy of an Ordinance duly passed by the City Council of said City
on the ��' day of A.D.
19_L- (,, and duly appr ved by the Mayor of said City on the
day of z , A.D. 19(� C 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 City.
WITNESS my hand and the official seal of said City this
day of A.D. 19L 6.
rc
City Clerk
Address
(SEAL)