O-74-10ORDINANCE NO. 0 -74 -10
-- ELECTRIC ORDINANCE --
AN ORDINANCE AUTHORIZING COMMONWEALTH EDISON
COMPANY, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT,
OPERATE AND MAINTAIN AN ELECTRIC LIGHT AND POWER
SYSTEM IN AND THROUGH THE VILLAGE OF DEERFIELD, COOK
AND LAKE COUNTIES, ILLINOIS.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, ILLINOIS:
SECTION 1. That the non — exclusive right, permission and
authority be and the same are hereby granted to COMMONWEALTH EDISON
COMPANY, an Illinois corporation, its successors and assigns (herein-
after referred to as the "Grantee "), to construct, operate and maintain
in and through the VILLAGE OF DEERFIELD (hereinafter referred to as
the "Municipality "), in the Counties of Cook and Lake, 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, alleys,
avenues and other public places, and shall be erected under the super-
vision of the Committee on Streets and Alleys of the Municipality,
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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 unnecessarily
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 injured
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 authorized
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 Streets and Alleys, or such other duly
authorized agent, of the Municipality is hereby authorized and
directed to call upon th.-_ Grantee toy and the Grantee . ma.y of +t-a
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 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 in straight lines
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.
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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 the 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
building 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
successors 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 bene-
fit of the inhabitants 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 Municipality, or its proper officers, and such
decision shall be final.
SECTION 4. The Grantee shall indemnify, become responsible
for, and forever save harmless the Municipality from any and all
judgments, damages, de ^rees, costs and expenses., ino1uding attorneys'
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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 Municipal.i :ty by the Grantee pursuant to the
terms of this ordinance or legally resulting from the.exereise
by the Grantee of any of the privileges herein granted, and, as
an additional security therefore, the Grantee shall, during the life
of this ordinance, keep on file with the Village Clerk of the Munic-
ipality a good.and sufficient bond in the penal sum of Five Thousand
Dollars ($59000) conditioned to protect and indemnify-the Munici-
pality 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 neces-
sary, to require the Grantee to renew or provide additional or other
so-u: ity on sw -a crd.
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 Ifiling 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 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
obligatory upon, or which inure to the benefit of, said Common-
wealth Edison Company shall also be obligatory upon and shall inure to
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the benefit of any and all successors and assigns of said corpo-
ration; and the word "Grantee" wherever appearirig'in this ordinance
shall include and be taken to mean not only said Commonwealth Edison
Company, 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 February 4 , 1974 , 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 Munic-
ipality.
PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF
DEERFIELD ILLINOIS, THIS 4th- DAY
OF FEBRUARY , A.D. 19 74
Village Clerk
STATE OF ILLINOIS )
COUNTIES OF COOK AND LAKE ) SS.
VILLAGE OF DEERFIELD )
j Catherine ,�.���ee , Village Clerk Of
the Village of Deerfield, Cook and Lake Counties, 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 41r day of FAb,-,,,ar3, A. D. 19
and duly approved by the President of said Village on the 4th
day of February , A.D. 19 74 , 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 Village.
WILT�.ESS my hand and the official s >al of srid V 411_age
this 4th day of February A.D. 19 74
Village Clerk
850'Waukegan Road
Deerfield, Illinois 60015
Address
(SEAL)