HomeMy WebLinkAboutOrdinances - n/a - 10/08/1904 - Electric Light Plant�: ORDITJATJCi;. r Tu�1cF3enry , AN ORDINANCE to por��it S. Reynolds .of,,,'_cHenry County, Illinois, and 1). C. Doe and ����. D. Ball, both of Chicago, Coo?� � ('County, Illinois, their heirs, successors, assigns, lessees or �ieither of them to Bract, construct a-nd operate an electric lig'nt plant in the Village of :;�cHenry, County of I:icHenry and State of Illinois, for tl�e purpose of lighting; the streets, high:rays, alleys, parks and other public places in said Village'„ and also for distributing clectricit�,r for lighting and other '� Ipovrer and purposes Nithin or adjacent to the said Village, and ____ _ __ Ito Erect masts, poles, standards, �rires, lamps and all necessary i, ,appliances, fixtures and apparatus on the highvrays, streets, and alleys of said Village necessary to carry on and conduct land distribute such electricity Be it Ordained by the President and Board of Trustees �' of the Village of I.�icHenry, County of 1:icHenry, a.nd Mate of Illinois, as follo;.vs: Soc. 1. Thai♦ permission and authority be, wnd the same hereby is. i iven to S. Reynolds, D. C. Doe a.nd �`��. D. Ball their heirs, uceessors, assigns, lessees or either of them to locat©, con- tract, erect- and maintain ;vitllin said Village of �.iclIenr,y, lect-ric light Tworks, avith the necessary engines, boilers,., and a:1os for the purpose of generating electricity or electriea.l ;urgent for illuminating, heating and other power or mech<�nica.l '� ,%L �-�-r'���' insufficient to supply all the demands for such electricity.,' �: �'� within or adjacent to said Village of ;,chenry, and to erect and maintain from time to time upon any and all of the streets, alleys or mays in said Village of=lcHenry, either no�� or hereafter dedicated to public use, such masts, poles, wires, lamps, standards and construct suci� conduits as the interests of the said S. keyTrolds, D. C. Doe and ',�d. D. ];all tizeir heirs, successors, assigns, lessees or either of t:'�em require, and to string, place and use such wires, cables or other devices or appliances as may, in his or t��ei-^ discretion, be required for the convenient and proper operation, mainten:�n�e and use of said plant or plants and for the purposes herein specified, for the term of twenty years fro�l the passage and taking effect of this Grdinance: provided ho�rrever, that all wires, or other electriWal conductors shall be good, suitable and sufficient and of suitable and proper construction, and that whenever necessary for the reasonable and proper protection of life or property, all wires, con- --ductors -and arpurtena.nces shall be properly insulated and that no lamp, wire or coupling shall be placed on any mast, pole or st-�ndard at a distance of less than t�lVenty feet above the surface grade of the street, alle�l or way upon ;which the same shall be placed, and all such masts, poles and standards shall be sat n � less than one, nor more than eight feet from the outside line of the sidewalk and shall be painted white. And provided furtl that all such poles, masts or standards m)ha11 be erected and maintained in such a manner as not to unnecessarily interfer vrith the proper use of any street, alley or tivay or Liu entc�r- once to any public or private property. Provided further, that all lamps or lights furnished at any time by said S. Reynolds, D. C. Doe and �,�1. D. Ball their heirs, , successors it ier, Sec. 2. assigns or lessees or either of them for the purpose of light- ing said Village of aciienry, shall be placed at such points and on such streets and ways all in such parts or places of said Village of _1cHenry as may be designated by the President aILd a majority of the Board of Trustees of said Village. The said S. Reynolds, D. C. Doe and '0`J. D. Eall their heirs, auccessors, assigns or lessees or either of them shall have the right at all tunes to trim all trees sufficient to no interfer with the erection of proper poles, masts and standard and the maintaining of proper wires and ot:�er conducting appar atus,necessary attachments, connections and fixtures for the purposes herein Granted. Sec. 3. I i'Jhenever, in erecting or placing poles, masts, sta.ndar�s or appliances, it shall be found necessary to disturb any street, alley, lovay, pavement, sidewalk, crosswalk, sever, drain or water -pipe, the same shall as soon as possible be restored to, as good a condition as before such disturbance by the said S. Reynolds, D. C. Doe and J. D. Ball their heirs, successors, assigns or lessees or either of them, and in case they fail to so restore any street, alley, way, side cross -walls, sewer, drain, or water -pipe to as good condition as before such disturbance within a reasonable tune, the sane may be do*e under the direction of the acting street commissioner of said salel Village, and the expense for so doing shall be paid by the S. Reynolds, D. C. Doe and �J. D. Ball their heirs, successors assigns or lessees or either of them. sec. 50 The said S. Reynolds, D. C. Doe and ':�;. D. Ball their heirs, successors, assigns or lessees or either of them shall not obstruct any street, alley, ,gay, r�allc or entrance to public or private property longer than shall be necessary in erecting masts, poles, ste.ndards or the construction and erection of said plant or any part thereof or in erecting any ?Frires, apparatus, attachments or connections. Any person not authorized by tho said S. Reynolds, D. C. Doe and ;`I. D. Ball their heirs, successors, assigns or I essees or either of them, ivho shall at any time climb upon or in any manner vrilfully or maliciously interfer ith, deface damage or in any ,Ray injure any mast, pole, standard, cable, wire or electrical conductor, or lamp placed thereon, or connected therewith, ar any appurtance belonging or pertaining to said plant or used in connection with said plant, shall be fined in a sum of not less than Tvrenty-five Dollars ($25.00) and not to exceed One Hundred Dollars ($100.00) and every offense. for each Sec. 6. Sec. 7. If it shall become necessary to temporarily remove any wire or other appurtenances to said plant or lighting system, in order to move any building or buildings, or for any other necessary purposes the consent of the President and a majority of t1le Board of Trustees of said Village of 1�1'l_cHenry shall first be obtained and then the said S. Reynolds, D. C. Doe and t'd. D. Ball their heirs, successors, assigns or lessees or either of them shall re:;love the same �rithin a reasonable time, but the person, persons, company or corporation requesting sue removal shall first pa,y to the said S. Reynolds, D. C. Doe and their heirs, successors, assigns or lessees or either of them the reasonable cost of such removal. The said S. Reynolds, D. C. Doe and ��J. D. Ball their heirs, successors, assigns or lessees or either of them shall by accepting this ordinance agree to, and furnish and supply the said Village of ,`.cHenry with sufficient electrical current � or power to run as many full tiltrelve hundred candle power enclos led are lamps and as manynthirtyr t,*vo candle power incandescent lamps or lights for the purpose of lighting the streets, alleys; and ways of said Village for the term of t�*renty years as the President and Board of Trustees may from tune to tine elect -a liich shall be at least six of the former and not less than ifty of the later for arhich the said Village of �.'1cHenry agrees I' to pay S. Reynolds, D. C. Doe and '.". D. Ball their heirs, (successors, assigns or lessees or either of them the sum of j, .'Fifty (50) Dollars par year for said t��renty years for each ;land every one of said enclosed arc lamps so furnished and the sum of Twelve (12) Dollars per year for said twenty years :for Sec. 8. each and every one of said thirty.tlyio candle power incandescent lamps or lights so furnished, the same to be paid for monthly b the said Village of aicHenr� a 1 y g `�, nd the said �. Reynolds, D. C. Doe and W. D. Ball, their heirs,) successors, assigns, lessees � or either of them agree to furnish as many more lights of the I�same kind and power as heroinbefore mentioned as the President and Board of Trustees by resolution may, from time to time require, during the said period of twenty [ears; and the said Village of iucHenry is to pay the same price per lamp of the kind as heroinbefore mentioned and in the same away for such (additional lights as may froi time to time be so ordered by them during the said twenty years, and provided that said lights, so furnished by the said S. Reynolds, D. C. Doe and ','�. D. Ball their heirs, successors, assigns or lessees or either of them for t:ae purpose of lighting said Village as heroinbefore provided, are to be at all times kept in good repair and con- , dition and to give good light of the kind and pourer stated andA. are to be run from dark intil twelve o'clock midnight of each i and every night, except during such hours as the moon shall furnish a good and sufficient light. A failure by the said S. Reynolds, D. C. Doe any;. W. D. Ball their heirs, successors, assigns or lessees or !ieither of them to furnish the light or lamps required by th- Ordinance for lighting said Village for tIe period of thirty P y ;days or to keep the masts, poles, standards, wires, lamps, appliances, appurtenances, plant or plants, in good working order for a like period (unavoidable and inevitable accident excepted and in that case such failure for a longer period than is reasonably necessary circu_astances of accident, etc. con. sidered) shall authorize the Village Board of said Village of Picllenry to repeal this Ordinance and to declare all rights 9 privileges and easements herein and hereby granted unto the said ;S. Reynolds, ll. C. Doe and li. D. all,their heirs, successors, assigns or lessees or either of thee, terminated; and to require them or either of them to remove all such poles, lamps, standards, masts, or other appliances or appurtenances from the streets, alleys, or Tua.ys of said Village, and upon a failure by them to so remove them within sixty days after notice in �<<riting from the President and a majority of the Board of Trustees of said Village, the same may be removed under the direction of the said President and Village Board of tlie Village of _:cHenry. The said S. Reynolds, D. C. Doe and �J. D. Ball their heirs, successors, assigns or lessees shall as soon as posslb].e after the erection of said plant and after the sane is in good working order on demand furnish electricity for lighting res. I idences, stores and other public or private buildings and for heating or other power., and such other purposes as may be re. i quired, at reasonable rates which shall be the same to all persons, companies or corporations providing that the cost of wiring buildings, fixtures and lamps for the same shall be paid for or provided by the parties to whom such electricity is to be so supplied but the cost of conducting such electrici71 ty to such buildings shall be bourne by the said S. Reynolds, D. C. Doe and ��'�1. D. Beall their heirs, successors, assigns or lessees and in case any person, companies or corporations shall fail, neglect or refuse to pay on demand any sum that may be justly due on account of any electricity so furnished the same may immediately be Tvithdra7n or shut off from the one or ones so refusing to pay their just bill on demand until such Sec. 10. J bill or demand is paid, and the said S. Reynolds, D. C. Doe land W. D. Ball their heirs, successors, assigns or lessees shall have the right to make all reasonable rules and regula- tioIA in regard to furnishing such eloctricity that is not contrary to lair or inconsistent with the terms and. provisions of this Ordinance, but any such rules or regulations shall be equal to all persons, corlpanies or corporations, provided that authority is hereby given to the said S. Reynolds, li. C. Doe and ��"J. D. Ball their heirs, successors, assigns or lessees and to any person in their employ and connected �aith said electric light plant or its operation to go upon and into any and all premises in said Village of ,cHenry at reasonable and proper times to look after, adjust, shut off or do any other thing necessary or proper in connection with the furnishing of said electricity or the running of said slant. In case the said S. Reynolds, D. C. Doe and ''J. D. Ball,' their heirs,, successors, assigns or lessees shall not have such electric plant, masts, poles, standards, luires and all the appurtenances thereto and the lights so ordered as heroinbefore mentioned and all the necessary appliances to operate the same and the same in good working order to furnish such lights for the streets of said Village as aforesaid withi Four months from the passage and taking effect of this Ordinanoe then all the rights and privileges herein and hereby granted may be forfeited and absolutely terminated by resolution or Ordinance of the President and Board of Trustees of said 11. Village. The said S. Reynolds, D. C. Doe and 'Vie D. Ball shall within five days after the passage of this ordinance file with the Village Board or Clerk of said Village, an acceptance in writing signed by each of them accepting of the terms, con;li- tions, provisions and privileges of this ordinance, and in addition an�, agreerlent on their part that in consideration of the passage of this ordinance by the Board of Trustees of the Village of I�1eHenry, they :will erect, construct, maint^.in and keep in proper repair and good �rJorking condition such electric light plant and all things appurtenant thereto, and all lamps and lights furnished under the terms of this ordinance for the period mentioned herein and that they, their heirs, successors, assigns or lessees will in all things comply with the terms, conditions, provisions and privileges granted by this ordinanc6, d the said S. Reynolds, D. C. Doe and !';. D. Ball shall also within fifteen days after the passage of this ordinance presen to the President and Board of Trustees of said Village a bond in the penal su;:i of Ten Thousand Dollars ($10000.00) with such surety or sureties as shall be approved of by said President and Board of Trustees conditioned .for the carrying out by the said S. Reynolds, D. C. Doe and ' I.`:I'. D. Ball their heirs, successors, assigns or lessees of all the terms, conditions, provisions and privileges granted by this ordinance to the sal S. Reynolds, D. C. Doe q.nd V. D. Ball their heirs, successors, assigns or lessees in accordance with the spirit and intention of this ordinance to January lst A.D. 1906, and also conditioned thatth aid S. Reynolds, D. C. Doe and 'dJ. D. Ball their heirs, successors, assigns or lessees shall indomnify and save and keep harraless the said Village of McHenry from any judgment or judgments, decree or decrees or claim or claim%of any kind or character for any loss or damage by reason of any act or acts of the said S. Reynolds, D. C. Doe a,nd �:'?. D. Ball their heirs, successors, assigns or lessees in the construction of the said electric light plant or anything appurtenant or connected therewith or the operating of the sam#until January) 1st A. D. 1906, and the said S. Reynolds, D. C. Doe and 7J. D. Ball their heirs, successors, assigns or lessees shall on or before January 1st A. U. 1906 and pn or before the first day of January of each year during the 'years mentioned herein, file a sililia.r bond in the'same sum, and to be approved in the same way and coiditioned the same, each of which bonds shall cover the period of one year except the last which shall only cover the period of time to the expiration of said twent years from the passage of this ordinance with the right to the President and Board of Trustees in case the surety or sureties on any such bond or bonds shall at any time become insolvent, to require within tYventy days a new or additional bond for the expiration of such year, and a failure on the part of the said S. Reynolds, D. C. Doe and 'e'J. D. Fall their heirs, successors, assigns or lessees or either of them to file any such bond or bonds with surety or sureties as Herein provided shall author- ize the President and Board of Trustees of the Village of ,lcHenry by ordinance or resolution to declare all the rights and privileges herein and hereby granted forfeited and the rig�t to longer run and operate said plant terminated. 0 Sec. 12.�� That the terms, provisions and conditions of this Ordina.n�e shall be binding upon the heirs, successors, assigns and lessees of the said S. Reynolds, D. C. Doe and !'d. D. La.11 and any per- son or persons, company or companies, corporation or corpora - tions that may at any time become the assignee or lessees of i the said S. Reynolds, D. C. Doe and 1,1. D. Ball shall be held sand bound to the faithful and full performance of all of the 'terrls, provisions, a.nd conditions of this Grdina.nce in the same way and :canner as the said S. Reynolds, D. C. Doe and 'r1. �D. Ball are bound a.nd held by its acceptance. Passed October 5th, 1�C4. r ident of Village Board of PubliLD in i:IcHenry Plaindealer Gcto��er A. D. 1t1 6 Attest