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HomeMy WebLinkAboutOrdinances - n/a - 03/19/1908 - Electric Light PLantAPJ ORDINANCE. AN ORDINANCE TO PER11IT GEORGE K. PAGE, AND LLOYD HOV;ELL, BOTH OF TIIE CITY OF CHTCAGO, COUNTY OF COOK, AI1D STATE OF ILLIPJOIS, TI�EIR HEIRS, SUCCESSORS, ASSIGNS, LESSEES, AP1D GRAPJTEES, TO ERECT, COPJSTRUCT, OPERATE, AIdD I,iAIPJTAIPJ AN ELECTRIC LIGHT PLAIJT IP1 THE SAID VILLAGE OF T.4cHETJRY, COU`JTY OF IvIcHEPJRY, APJD STATE OF ILLIiJOIS, FOR. THE PURPOSE OF LTGHTIPJG THE STR1'ETS, HIGHI�'AYS�, ALLEYS,. PARKS, BUILDINGS, APdD OTHER PUBLIC AND PR.IVAl'E PLACES IP1 SAID VILLAGE, APJD ALSO FOR DIS— TRIBLTTTPJG ELECTRICITY I'OR LIGHTING AI1D OTHER POI',�ER APJD PUR— POSES, 4°dITHTPI OR ADJACENT TO THE SAID VILLAGE, ARID AUTHORITY TO EPECT SUCH P,�ZASTS, POLES, STANDARDS, I'[IRES, LAS,FPS AI1D ALL OTHER PJECESSARY APPLIAIJCES, FIXTUPES AI1D APPARATUS, OPJ THI SAID HTGHVJAYS, STREETS AID ALLEYS OF SAID VILLAGE NECESSARY TO CARRY ON AND CONDUCT SAID ELECTRIC LIGHT PLANT AMID DISTRIBUTE SUCH ELECTRICITY. Be it ordained b,y the President and Board of Trustees, of the Village of McHenry, County of McHenry, and. State of Illinois, as follows: Sec. 1. That permission anc�. authority be, and the same hereby is granted to the said George K. Pale, and Lloyd PIowell, their heirs, successors, assigns, lessees a.nd grantees to construct, operate and maintain within the cor- porate limits of the Village of 11cHenry, an electric light plant and works, �xrith the necessary engines, boilers, svritch boards, dynamos, excitors and app- fiances for the purpose of generating electricity or electrical currents for illuminating, heating and other power or mechanical purposes sufficient to supply all the demands for electricity within or adjacent to the Village of P:1cHenr,y, and to erect a.nd maintain from time to time upon an,y or all of the streets, or alleys in said Village, either now or hereafter dedicated to public use,such masts, poles, wires, lamps, standards, and such conduits as map be necessary, and to string, place, maintain and use such wires, cables, or other devises or appliances as may be reqizired for the convenient, useful, and proper operation., maintenance, and use of said elec- tric light plant and works for the term or period of tvrent,y years, from and after the passage and tak- ir_g effect of this Ordinance, subject however, to forfeiture, b,y the President and Board of Trustees, of said Village, as hereinafter provided in this Ordinance. Sec. 2. That all vrires or other electrical conductors, put up, constructed or maintained by the said George K. 3. Page, Lloyd Howell, their heirs, successors, assigns, lessees and. Grantees, shall be good and sufficient for the purposes intended, and of suitable and prop- er construction for said use, and that when it is roasonabl,y necessary for the proper protection of life or property, all wires, conductors, a.nd appur- tenances so erected or ma.inta.ined shall be properly insilated and no lamp, wire or coupling shall be placed or maintained on a.ny mast, pole or standard so that t}Ze 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 or more than eght feet from the outrA - side line of any sidewalk, or in case there is no sidewalk at a distance of less than six feet of any lot line abutting or, any street or alley, and all masts, poles and standards, shall be kept and maintained in good condition, and properly paint- ed, in white, and shall be erected and maintained in such a manner as not to interfere with the prop- cr use of any street or alley, or the entrance to any public or private property, and all lamps, or placed or maintained upon any street, alley or other public property ownecl or controlled by 4. 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. Sec. 3. The said George K. Pale, and Lloyd Howell, their heirs, successors, assigns, lessees, and grantees, shall have the right at all times to trim such trees as ma,y be on an,y such street or alle�T, or that part of any tree or trees, over- such street, or alley, in such a manner or �vay that the limbs thereof will not interfere vrith the erection and maintenance of such poles, masts, standards, wires and other conducting apparatus, attachments or fixtures connected therewith. Sec. 4. �"�henevcr in erecting or placing any pole or poles, mast, or masts, standard or standards, conduit or conduits, or other appliances, it becomes necessary to disturb the surface of any street, alley, pavement, sidevralk, cross walk, sewer, drain, or water pipe the same shall as soon as possible be restored to its original, or to a C7ood condition, and in case the same is not so done within a reasonable time by the said George K. Paige and Lloyd Howell, their heirs, successors, assigns, lessees and grantees, the same may be done by or under the direction of the Chairman of the Committee on streets, alleys and sidewalks of said Village, and the reasonable expense or cost for so doing shall be paid by the said George K. Pa¢e and Lloyd Dowell, their heirs, successors, assigns, lessees and grant- ees within ten days after a rritten demand shall be made upon them b,y the Clerk of said Village, and no street, alley, walk, or the entrance to any public or private property shall be obstructed longer than is necessary in erecting any mast or masts, pole or poles, standard or standards, or in the stringing or erecting of any ITT ire, or wires, or other apparatus, attachments or connections. Sec. 5, lhat an,y person without authority who shall at an,y time climb upon, or in any manner wilfully or ma1- iciousl,y interfere with, deface, damage, out or in any wa,y injure any mast, pole, standard, cable, wire, conductor, damp or other apparatus or attachment in any way connected with, or belonging, or pertai ning to the said plant, or used in connection therewith shall upon conviction be fined in a sum of not less than twenty five (�h25.00) dollars, and not to exceed one hundred (4)100.00) dollars, for each and every offense. Sec. 6. Tf at any time in order to move any building, or buildings, or for an,y other necessary purpose it shall become necessary, �o temporaril,y remove any wire, mast, pole, standard, light or other apparatus connected with, a part of, or used in connection with said electric light plant, the same shall be done by the said George K. Pale and Lloyd Howell, their heirs, successors, assigns, lessees and grant- ees, within a reasonable time after they shall_ be so requested in zariting by the President and a maj- orit,y 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 removal and replaein g. Sec. 7. The said Ueorge K. Paige and Lloyd. Nowell, their heirs, successors, assigns, lessees and grantees, shall erect and maintain, with sufficient electric- al current or lighting power, as many full twelve hundred (1200) candle power enclosed arc lamps, and as many full thirty two (32) candle power incades- cent 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 President and Board of Trustees, of said Village, may from time to time elect, which shall Zn nricc be an amount equa-LA to at least six (6), of the forr,- 7. er and not less than fifty (5u) of the latter, but the same to be divided proportionately as the Preside�it and Board of Trustees ma;,r olect, for which the said Vi11a e of l.lcHenryI agrees to pay to the said George K. Page, and Lloyd Holrel.l, their heirs, successors, assigns, lessees, and grantees during the said period of t��enty years the sum of fifty (�.n50.�0) dollars, per ,year for such arc lamps as are so erected, furnished and maintained and the sum of t�relve ($12.00) dollars, per ,year, for said tvrenty ,years for such said thirty taro candle pourer incadescent lams or li�litS, a.s are so furnished, erected and maintained, and the said Villame agrees to pay for such lights as are so furnished, as above specified, in monthly payments at the rates above specified, and the said damps or lights are to be at all times kept in �*ood repair and condition and are to be kept and main- tained so that the same will give a -ood 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 except during such hours as the moon shall furnish a. good and sufficient light. Sec. �. The said George K. Pale, a,nd Llozrd Ho��rell, tl-�eir heirs, successors, assigns, lessees and grantees shall on demand furnish electricity to all persons, Companies, or corporations crithin said Vill_arre for lighting, heating or other purposes in such aLlounts as ma,,y be required and at reasonable rates 1�rhich shall at all tunes be equal to al_1 persons, Compan- ies, or corporations, a.nd in case any person or per - sods, company, or companies, or corporation or cor- porations, shall fail, neglect or refuse to pay monthly on demand any sum or sums, that may be just- 1,y due on account of an,y electricity so furnished the same ma,y thereafter be shut off or kept from any such person or persons, companies or corporat- ions so ref using to pay such bill, or account on dema.nd�until the same shall be paid, and the right is herebjT given to the said George II. Pale and Lloyd Hovrell, their heirs, successors, assigns, lessees and grantees to make all reasonable rakes and reg- ulations in regard to furnishing such electricity that is not contrary to lMrr, or inconsistent with the terms and provisions of this Ordinance, and authority- is hereby given to the said George K. Paige, and Lloyd Howell, their heirs, successors, assigns, 1_essees a,nd grantees, or to any person, or persons in their employ, or connected with said electric linht plant, or its operation to go upon and into any and all premises in said. Village of r.2cHenr,y, at 9. reasonable and proper times to look after, adjust, shut off, or to do Gay other thing necessary or proper in connection with the furnishing of said electricity, or the running or operating of said plant or anv of its ani�liances, or things connect- ed therewith. Sec. 9. The said Geors�e K. Pale, and Lloyd Iiovrell, or their heirs, successors, assigns, lessees and grantees shall vrithin five days after the passage of this Ordinance, a,nd before the same is published file vrith the Clerk of said Vil].aa-e an acceptance in ting signed b,y them, which shall be substant- Tally in vrords and figures, as follows, to-`vit•: "l'de, the said George K. Pale, and Lloyd I-Iovrell, herebz� accept of all of the terms and provisions of an Ordinance, passed by the President and Board of Trustees, of the Village of 111,7cHenry, on the P th day of 1:11arch, A. D. 1908, Giving and M graAirg to us the right to construct, maintain and operate an electric light plant in the said Village of I/1eHenry, a.nc this acceptance shall be considered and treated as binding us, our heirs, successors, assigns, lessees and grantees, to do and perform each and everything in and b,y the said Ordinance to be by us done or performed." Dated Idiarch. th l�OS. �dllich acceptance when so filed with the Clerk of said tlilla�e, shall obligate and bind the said George r'. Pad e and Lloyd Hol7ell, their heirs, successors, s e assigns, los es and nrantKs, to do and perform all things directed by saic]. ordinanc© to be do.r�e and performed and shall be treated as a legal, valid and binding acceptance of all of the terms and provisions of said ordinance and as an agreement on their part that the said George ''. Page anc�. LlojTd Iioti�rell,t�leir heirs, successors, assi�fns, lesees and grantees ���ill dtzr_�nn t},e said period_ of ticentyf0 j years, .0u17.�,r cornpl�T it`:�, abide by�and perform all of the things to be done, complied vvith and performed as specified in said ordinance. 10. Sec. 10. The said George K. Pa°ge, and Lloyd Howell, their heirs, successors, assigns, lessees and grantees shall within fifteen days a.f ter the passage, pub- lication and taking effect of this Ordinance, f iley� with the Village Clerk of the Village of IIIcHenry, with such surety or sureties, approved by the President and Board of `Trustees of said Village, a bond, in the penal sum of ten thousand ((�10,000.00) dollars, conditioned that the said George K. Pa,ge and Lloyd Ho�ell, their heirs, successors, assigns, lessees and grantees will in all things comply �xTith the terms, conditions, and provisions of this Ordinance for the period of three ,years, and also conditioned that they will idemnify, save and keep harmless the said Village of 1.1cHenry, from any jud ;rr.ent or judgments, decree or decrees, claim or claims of any hind or char- acter for anyloss, injury or damage to any person or party b;,r reason of any act, or acts of the said George K. Page and Lloyd Howell, or either of them, or their heirs, successors, assigns, lessees, and grantees in the construction, erection, maintain- ing and operating of said electric light plant, ll. or a-ything appurtenant or connected therewith, or the operating of the same during the said three years from the publication and taking effect of this Ordinance. And a bond in a like sum and Frith a surety or sureties to he hereafter approved by the said President and Board of Trustees, of said Village, shall be filed every three ,years thereafter until the expiration of said twrent,y years; and iftime an,y such bond, er the surety or sureties thereon shall become insolvent, or be deemed insufficient by the said President a.nd Board of Trustees, a new bond with sufficient suretjr or sureties shall be furnished by the said �eorme K. Pale and Lloyd Howell, their heirs, suc- " censors, assigns, lessees and grantees within fif- teen days .after they shall be so notified in writ- ing by the Clerk of said Villa.ge, that a nevr bond ha.s teen deemed by said President and Board of Trustees to be necessarv. Sec. 11. Tha.t this Ordinance, if accepted by the said George K. Pa.9e, and Lloyd Hor:!ell, their heirs, successors, assigns, lessees and grantees, as provided herein, shall be accepted ��rith the express understanding and agreement, that if the said electric light plant is not completed and in perfect working con- 12. dition and furnishing to the said Village the lights of the kind and quality herein mentioned within four months of the date of the passage and taking effect of this Ord.inI ,nce, or if the said bond is not riven as herein provided within the said fifteen days so specified, then all the rights and p.L LV lL eges herein and hereby granted shall be absolutely forfeited and terminated without an,yT further, or other act on the part of said President and Board of Trustees of said Village. Sec. 12. This Ordinance, if accepted by the said George K. Pa'Cre and Lloyd Howell, their heirs, successors, assigns lessees and grantees, is a.ccepted.with the express understanding and agreement on their part that the said President an(' Board of Trustees, may at any time hereafter by Ordinance, revoke, cancel, annul and repeal this Ordinance, and all rights and privileges herein and hereby granting in case the said George K. Pale, and Lloyd Howell, their heirs, successors, assigns, lessees and grantees shall_ at any time fail to furnish the electricity, light or lamps of the kind and quality required by this Ordinance for light- ing said Village for the period of thirty days, or for a failure on their part to give an,y bond or bonds in the sum or sums, or cond.iti.oneci as provided in 13. or in this Ordinance are to keep, perform, or do any- thing, or things, recII>ired or directed in this Ord- ina.nce to be bV them done or performed, and in case this Ordinance, and the rights and privileges herein are and hereby granted,=sr at any time hereafter so re- voked, annulled or repealed by said President and Board of Trustees, then the said Georne K. Pale, and Lloyd Ho��rell, their heirs, successors, assigns, less- ees and grantees shall �rit.hin sixty days thereafter remove from all streets, alleys, or other public places in said Village o�rned or controlled by said Village, all ires, poles, lamps, standards, masts, or other appliances or apparatus in any gray connect- ed vrith, attached to, or used at any time in con- nection with said electric light plant, or the con- struction, operation or maintenance of the same, and upon their failure so to do within said sixty days the same shall be removed by or under the direction of the committee on streets of said Village, 1��rith- et?t any notice to that effect, or of the repeal of this Ordinance, provided, however, that unavoidable or inevitable accident shall not cause a forfeiture or repeal of t',:is Ordinance, but in that case a reasonable time shall be allowed to make the nec- eseary repairs or re -start said elECtr1.0 light plant. l4. Sec. 13. That any person or persons, comronyI or compan- ies, COi ",4L C,ti 0n or cor. pr0 that ay at <�ny time hereafter claim any of the rinhts or p ilenes herein or hereby granted to tho said George K. Page, and Lloyd Howell, shall by this A Ordinance be held to and bound by all of the terms, provisions and conditions of this Ordin- ante. P ass d March i 1908. e � ar ,�` President of Board of �f McHenry. Published in IoZcHenry PlaindBAler, March I�j A. D. 1908. Attest lade Clerk.