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Ordinance 1947-67 MC-3846-2 1- 46 ELECTRIC ORDINANCE AN ORDINANCE AUTHORIZING PUBLIC SERVICE COMPANY OF NORTHERN ILLINOIS, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE AND MAINTAIN AN ELECTRIC LIGHT AND POWER SYSTEM IN AND THROUGH THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF YORK_VILLE , ILLINOIS: SECTION 1, That the right, permission and authority be and the same ara hereby granted to PUBLIC SERVICE COMPANY OF NORTHERN ILLINOIS, an Illinois corporation, its successors and assigns, (hereinafter referred to as the "Grantee" ),, to construct, operate and maintain in and through the VILLAGE OF YORKVILLE (hereinafter referred to as the "Municipality" ), in the County of Kendall , 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 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, MC-3846-2 8-45 -2- alleys, avenues and other public places, and shall be erected under the supervision of the Committee on Streets and Alleys of the Muni- cipality, or such other duly authorized agent 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-five (25� feet in height, and shall be so located as not to injure un- necessarily any drains, sewers, catch basins, water pipes, pavements, or other like public improvements, but should any drain, sewer, catch basin, water pipe, pavement or other like public improvement be in- jured 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 Streots. and t`Illeys, or such ather duly authorized agont, of the Municipality is hereby authorized and di- rected to call 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 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 cone 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 such other duly authorized agent, of the Municipality, by and at the expense of the Grantee. MC-3846-2 8-45 -3- All abandoned poles shall be removed as soon as the use thereof is discontinued. All poles shall be set in straight lines se 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 p•)lice and fire alarm service wires of the Municipality, provided that any such cross arms and wires of the 1+14unicipality shall be so placed and maintained by the Diunicipality, under the direction of the Grantee, as not to inter- fere with the wires of said Grantee . The Grantee shall be subject to all reasonable regulations which may now or hereafter be proscribed 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 suc- cessors and assigns, shall upon receiving written notice from the Municipality 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 in- habitants of the Municipality and the successful operation of the Grantoels electric light and power system. All questions as to the MC-3846-2 8-45 -4- 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. 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 Village Clerk of the Municipal- ity a good and sufficient bond in the penal sum of Five Thousand Dollars ($5,000) conditioned to protect and indemnify tho Plunicipal- ity as in 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 Board of Trustees the same may be necessary, to require the` Grantee to rcncw 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 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 accept this ordinance within said period of time shall be deemed a rejection hereof by the Grantee, and the rights and privileges herein granted MC-3846-2 8-43 -5- 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 Public Service Company of Northern Illinois shall also be obligatory upon and shall inure to the benefit of any and all successors and assigns of said Public Service Company of Northern Illinois; and the word "Grantee" wherever appearing in this ordinance shall include and be taken to mean not only said Public Service Company of Northern Illinois, 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 Q1' ^" 19...Z� 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 this Municipality. PASSED BY THE BORD OF TRUSTEES OF THE VILLAGE OF YORKVILLE , ILLINOI�4- THIS '7 tA DAY OF A.D. 191-0 . V` Village Clerk APFROVED BY THE PRESIDENT OF THE VILLAGE OF YORKVILLE ILLINOIS, THIS DAY OF President `( Sea1) ATTEST: village Clerk MC-3846-2 8-45 SMTE OF ILLINOIS } COUNTY OF KENDALL ) SS. VILLAGE OF YORKVILLE) I, �Agx- )V \ , Village Clerk 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 Board of Trustees of said Village on the day of �, A.D. 19 ,4-7 , and duly approved by the Fresident of said Village on the day of A.D. 19_121 the original of which Ordinance is 61 V now on file in ny 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 day of , A.D. 1947 �)AAW '\A Village Clerk (Seal) t ddre s ELECTRIC y ORDI1UNCE BOM Bond No. 1M.8004 059000.00 IM OW ALL LIEN BY TIMME P ITS: That we, ILIBLIC SERVICE COLIRWY OF NCR- MUMN ILLINOIS, an Illinois corporation, as Principal, and National Surety Cor- poration, a New York corporation, as Surety, are held and firmly bound unto the VILLLGE OF YORKVILLE, Kendall 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, UM CUNDITION OF TM ABC 1E OBLIGATION IS XCH, that, whereas, the Board of Trustees of said VILLAGE OF YORKVILLE did, on the 7th day of July, 1947, pass, and the President of said Village did, on the 8th day of July, 1947, ap- prove an ordinance granting to Public Service Company of Northern Illinois, its successors and assigns, the right, permission and authority to construct, operate and maintain in and through the VILLAGE OF YORKVILLE, in the County of Kendall and State of Illinois, for a term of Fifty (50) years, effective on and after July 7, 1947, a system for the production, transmission, distribu- tion and sale of electricity for lighting, heating, power and other purposes, and dam, it is provided in Section 4 of said ordinance that said Public Service Company of Northern Illinois, its successors and assigns, shall, dur- ing the life of said ordinance, keep on file with the Village Clerk of said VILL&Z OF YORKVILLE a good and sufficient bond in the sum of Five Thousand Dollars ($5,000.00), conditioned to protect and_ indemnify said Village from and against any loss, injury, damage or liability legally arising from or grow- ing out of the construction, operation or maintenance of said system, or legally resulting on account of the privileges in said ordinance granted; NOW9 if said Public Service Company of Northern Illinois, its successors and assigns shall conform to and comply with said provisions of Section 4 of 2 - said ordinance granted, then this obligation to be void; otherwise to remain in full force and effect. IN WITNESS VJUZU OF, said Principal and Surety have caused these presents to be executed by their lawfully authorized officers this 10th day of Tuly, 1947. Principal - (Seal) PUBLIC SWICE CC PANY of North4IU11i s By: i Assistant ecretary i Surety - eal) By• $so At ney-in-Fact GENERAL P0VnM OF ATTORNIiIY iii® O 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 appointed, and does by these presents make, constitute and appoint Geor a F. Win o of____ Chicago d State Illinois an of Its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and delivery and all bonds-, reconizances contracts, a&reements br 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 Attomey(s)-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: "ARTICLE xII. RESIDENT OFFICERS AND ATTORNEY S-w CT. STATE OF ILLINOIS, COUNW of Coos } ss. I XARY MIA , Notary Public of Cook County, in the State of Illinois, do hereby certify that ---------GBMG1 P. WI1G 0 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 in 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 notarial seal at my office in the City of Chicago, in said`County, this----! T k- -day of.-----'JMY w_ ,A.D. 19-42-- F.21706 Cook Co.2M-2-46 o Y Publk- M1t COM.MIG N£XPIR94 ArRIL 16, 19SQ ,. :...cuiea'prior to may Y3..:19:i3).:.�. .. .... _ .,... .... "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 26, 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 contracts, agreements of Indemnity, or other conditional or obligatory undertakings, and they are also auD a aed 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--Cornfications.—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 cater 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 this-� 2__7t i—_-_--day of-------------_----------F'ebruary 194-§-- NATIONAL SURETY CORPORATION (Seal) By-- S- Vice President ATTEST: ---— — A _ a�Dougall Assistant Secretary STATE OF NEW YORK, COUNTY OF NEW YORK, } . 27th February 6 Onthis---------- ---------------------------------------_—A.D., 194----- before - me personally cane------------ S. G. Drake ------ to me known, who, being by me duly sworn, did depose and say, that'he resides in the City of New York; that he is Vice President of NATIONAL SURETY CORPORATION, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Director's of said Corporation and that he signed his name thereto by like order. And S. G. Drake further said that he is acquainted with-_----------------------A. N. MacDougall -------------------_---and knows him to be an Assistant Secretary of said Corporation; and that he executed the above instrument. Elizabeth C. King Notary Public STATE OF NEW YORK, COUNTY OF NEW YORK, ss.: A. N. MacDougall ------- ---- --- —-------------------PZAMM.Assistant Secretary and Attorney-in-Fact of NATIONAL SURETY CORPORATION, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney (including applicable By-law sections), executed by said NATIONAL SURETY CORPORATION, which is still in force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of New York, N. Y., this.------------1 OTI,---------a---------------day of JULY ---A.D., 194 )gMM&t Assistant Secretary and Att y-in-Fact >4 U2 E- 0 P4 0 Z 0 0 i-q 0 E-4 z 0