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HomeMy WebLinkAboutOrdinances - n/a - 03/06/1908 - Electric Light PlantAn Ordinance. An ordinance to permit George K. Paige and Lloyd Howell, both of the city of Cbicago, county of Cook and state of Illinois, their heirs, successors, assigns, lessees and grantees, to erect, . construct, operate and maintain an elec- tric light plant in the said village of McHenry, county of McHenry and state of Illinois, for the purpose of lighting the streets., highways, alleys, parks, buildings and other public and private places in said village, and also for dis- tributing electricity for lighting and other power and purposes, within or adjacent to the said village, and author- ity to erect such masts, poles, standards, wires, lamps and all other necessary ap- pliances, fixtures and apparatus, on the highways, streets and alleys of the said village necessary to carry on and con- duct said electric light plant and dis- tribute such electricity. Be it ordained by the president and board of trustees of the village of Mc- Henry, county of McHenry and state of Illinois, as follows: Section I. —That permission and au- thority be, and the same hereby is grant- ed to the said George K. Paige and Lloyd Howell, their heirs, successors, assigns, lessees and grantees to construct, ate and maintain within the corpor- porate limits of the village of McHenry, an electric light plant and works, with the necessary engines, boilers, switch- boards, dynamos, exciters and appli- ances for the purpose of generating elec- tricity or electrical currents for illumin- ating, heating and other power or me- chanical purposes sufficient to supply all the demands for electricity within or adjacent to the village of McHenry, and to erect and maintain from time to time upon any or all of the streets o alleys in said village, either now or here- after dedicated to public use, such masts, poles, wires, lamps, standard and such conduits as may be necessary, and to string, place, maintain and use such wires, cables or other devices o appliances as may be required for th convenient, useful and proper operation maintenance and use of said electric ligh plant and works, for the term or period of twenty years from and after the pas sage and taking effect of this ordinance subject however, to forfeiture, by tb president and board of trustees of sai village, as hereinafter provided in thi ordinance. Section 2—That all wires or othe electrical conductors put up, construct ®d or maintained by the said George Paige, Lloyd Howell, their heirs, su cessors, assigns, lessees and grantee shall be good and sufficient for the pu poses intended, and of suitable and pro er construction for said use, and th when it is reasonably necessary for t proper protection of life or property a wires, conductors and appurtenances erected or maintained shall be properly insulated, and no lamp, wire or coup- ling shall be placed or maintained on any mast, pole or standard so that the same is at a distance of less than twenty feet above the surface or grade of any street or alley upon which the same may be so placed or maintained, and no masts, poles, or standards shall be set, or at any time maintained at a distance of less than one nor more than eight feet from the outside line of any sidewalk, or in case there is no side walk, at a distance of less than six feet of any lot line abutting on any street or alley, and all masts, poles and standards shall be kept and maintained ,in good condition, and properly painted in white, and shall be erected and maintained in such a manner as not to interfere with the proper use of any street or alley, or the entrance to any public or private prop- erty, and all lamps or lights placed or maintained upon any street, alley or other public property owned or control- led by said village, shall be placed and maintained, at such place or places, as may be designated by the president and a majority of the board of trustees of said village. Section 3—The said George K. Paige and Lloyd Howell, their heirs, success- ors, assigns, lessees or grantees, shall have the right at all times to trim such trees as may be on any such street or alley, or that part of any tree or trees overhanging any such street or alley, in such a. manner or way that the limbs thereof will not interfere with the erec- tion and maintenance of such poles, masts, standards, wires and other con- ducting apparatus, attachments or fix tures connected therewith, Section 4.—Whenever in erecting or placing any pole or poles, mast or masts, r standard or standards, conduit or con duits, or other appliances, it becomes necessary to disturb the surface of any s street, alley, pavement, sidewalk, cross- walk, sewer, drain or water pipe the e same shall as soon as possible be restored r to its original, or to a good condition, e and in case the same is not so done with- in a reasonable time by the Paid George t K. Paige and Lloyd Howell, their heirs, successors, assigns, lessees or grantees, the same may be done by or under the direction of the chairman of the commit- etee on streets, alleys or sidewalks of d said village, and the reasonable expense 8 or cost of so doing shall be paid by the said George K. Paige and Lloyd How r ell, their heirs, successors, assigns, les- sees and grantees, within ten days after K a written demand shall be made upon c them by the clerk of said village, and s no street, alley, walk or the entrance to r any public or private property shall be p-i obstructed longer than is necessary in at erecting any mast or masts, pole or be poles, standard or standards, or in 11 the stringing or erecting of any wire 80 or wires or other apparatus, attach- ments or connections. 185 Section 5.—That any person without authority who shall at any time climb or in any manner wilfnl4y or malicious- ly interfere with, deface, damage, out or in any way injure any mast, pole, standard, cable, wire, conductor, lamp or other apparatus or attachment in any way connected with or belonging or pertaining to the said plant, or used in connection therewith, shall, upon con- viction, be fined in a sum of not less than twenty five ($25.00) dollars, and not to exceed one hundred ($100.00) dol- lars for each and every offense. Section 0.—If at any time in order to move any building or buildings, or for any other necessary purpose it shall be- come necessary to temporarily remove any wire, mast, pole, standard, light or other apparatus connected with a part of, or used in connection with said elec- tric light plant, the same shall be done by the said George K. Paige and Lloyd Howell, their heirs, successors, assigns, lessees or grantees, within a reasonable time after they shall be so requested in .vriting by the president and a majority of the board of trustees of said village, and the tender to them of such a sum as will cover the reasonable cost of such a removal and replacing. Section 7.—The said George K. Paige and Lloyd Howell, their heirs, success- ors, assigns, lessees or grantees, shall erect and.maintain, with sufficient elec- trical current or lighting power, as many full twelve hundred (1200) candle power enclosed are lamps and as many full thirty-two (32) candle power inca i- descent lamps or lights for the purpose of lighting the streets, alleys, parks and other places in said village for the said term of twenty (20) years, as the presi- dent and board of trustees of said vill- age may from time to time elect, which shall be an amount equal in price to at least six (6) of the former and not less than fifty (50) of the latter, but the same to be divided proportionately as the president and board of trustees may elect, for which the said village of Mc- Henry agrees to pay to the said George K. Paige and Lloyd Howell, their heirs, successors, assigns, lessees and grantees, during the said period of twenty years the sum of fifty ($50.00) dollars per year for such are lamps as are so erected, furnished and maintained, and twelve ($12.00) dollars per year for said tweu- ty years for such thirty-two candle pow er incandescent lamps or lights as are so furnished, erected and maintained, and the said village agrees to pay for such lights as are eo furnished, as above specified, in monthly payments at the rates above specified, and the said lights or lamps are to be at all times kept in good repair and condition, and are to be kept and maintained so that the same will give a good light of the kind and power stated, and are to be run from dark each evening until twelve o'clock, midnight, of each and every night ex- cept during such hours as the moon shall furnish a good and sufficie light. Section 8.—The said George K. Pai and Lloyd Howell, their heirs, succ sors, assigns, lessees and grantees, Fh on 'dernand furnish electricity to all p sons, companies or corporations with said village for lighting, heating or o or purposes in such amounts as may required and at reasonable rates, whi shall at all times be equal to all person companies or corporations, and in ca any person or persons, company or co panies or corporation or corporatio shall fail, refuse or neglect to p. monthly on demand any sum or sn that may be justly due on accoatnt any electricity so furnished, the sa may be shut off or kept from any silo persons, companies or corporations refusing to pay such bill or account demand, until the same shall be pai and the right is hereby given to the sai George K. Paige and Lloycl Howel their heirs, successors, assigns, lessee and grantees, to make all reasonabl rules and regulations in regard to fu nishing such electricity that is not con trary to law, or inconsistent with th terms and provisions of this ordinance and authority is hereby given to the sai George K Paige and Lloyd Howell,thei heirs successors, assigns, lessees an grantees, or to any person or persons ii their employ or connected with the said electric light plant or its operation, ,t go upon or into all premises in said vil gage of McHenry, at reasonable and proper times, to look after, adjust, shut off or to do any other thing necessary of proper in connection with the furnish- ing of said electricity, or the running or operating of said plant or any of its appliances or . things connected there- with. Section 9.—The said George K. Paige tnd Lloyd Howell, -their heirs, succes- sors, assigns, lessees and grantees, shall within five days after the passage of this ordinance, and before the same is P. blished, file with the clerk of said village an acceptance in writing signed by them, which shall be substantially in words and figures as follows, to -wit: "We, the said George K. Paige and Lloyd Howell, hereby accept of all of the terms and provisions of an ordinance passed by the president and board of trustees of the village of McHenry on the 6th day of March, A. D. 1908, giving, and granting to us the right to con- struct, maintain and operate an electric light plant in the said village of McHen- ry, and this acceptance shall be consid- ered and treated as binding us, our heirs, successors, assigns, lessees and grantees, to do and perform each and every thing in and by the said ordinance to be by us done or performed. " Dated March tb, 1908. (Signed) (Signed) Which acceptauce, when so filed with the clerk of said village, shall obligate and bind the said George K, Paige and 10 Lloyd flowe`ll their Tieirs,' successors, assigns, lessees or grantees, to do and S_ perform all things directed by said ordi- nance to be. done and performed, ane, all shall be treated as a legal, valid and er. winding acceptance of all of the terms in and provisions of said ordinance, and as th an agreement on their part that the be said GeorgeK. Paige and Lloyd Howell, `'h their heirs, successors, assigns, lessees e, and grantees, will, during the said per Fre iod of twenty20 ( ) years, fully comply m with, abide b and y perform all of the, ns things to be clone, complied with and condition and furnishing tosaid village j, the lights of the kind and quality here. in mentioned within four months of the passage and taking effect of this ordi- nance, or if the bond is not giveu as herein provided within the said fifteen days'so specified, then all the rights and privileges herein and hereby granted shall be absolutely forfeited and termi- nated without any further or other act on the part of the said president and board of trustees of said village. Section 12.—This ordinance, if accept- ed by the said George K. Paige and Lloyd Howell, their heirs, successors, assigns; lessees and grantees, is accept- ed with the express understanding and agreement on their part that the said president and board of trustees may at any time hereafter, by ordinance, re- voke, cancel, annul and repeal this ordi- nance, and all rights and privileges here- in and hereby granting, in case the said George K. Paige and Lloyd Howell, their heirs, successors, assigns, lessees and grantees, shall at any time fail to 11 furnish the electricity, lights or lamps of the kind and quality required by this ordinance for lighting said village for the period of thirty days, or for a fail- ure on their part to give any bond or bonds in the sum or sums, or condition- ed as provided in this ordinance, or to keep, perform. or do anything or things required or directed in this -ordinance to be by them done or performed, and in case this ordinance and the tights and privileges herein and hereby granted, are at any time hereafter so revoked, annulled or repealed by said president and board of trustees, then the said George K. Paige and Lloyd Howell, their heirs, successors, assigns, lessees and grantees, shall within sixty days thereafter remove from all streets, al- leys or other public places in said vil- lage owned or controlled by said village, all wires, poles, lamps, standards, masts, or other appliances -or apparatus in any way connected with, attached to or used at any time in connection with said elec- tric light plant, or the construction, op- eration or, maintenance of the same, and upon their failure to do so within said sixty days the same shall be removed by or under the direction of the committee on streets of said, village, without any notice to that effect, or of the repeal of this ordinance, provided, however, that unavoidable or imevitable accident shall not cause a forfeiture or repeal of this ordinance, but in that case a reasonable time shall be allowed to make the neces sary repairs or restart said electric light plant. Section 13.—That any person or per- sons, company or companies or corpora tion or corporations that may at any time hereafter claim any of the rights or privileges herein or hereby grant- ed to the said George K. Paige and Lloyd Howell shall by this ordinance be held to and bound by all `of the terms, provisions and conditions of this ordi- nance. Passed March 6th, A. D. 1908. PETER J. FREUND, President of Board of Trustees of Vil- lage of McHenry. Published in McHenry Plaindealer, March 19th, A. D. 1908. Attest: JOHN STOFFEL, Village Clerk.