Chapter 26 - Existing Franchise Ordinances
Division 1 - Illinois Power Company
SEC. 26.1-1 WHEREAS, Illinois Power Company is successor in title to all rights, permission and authority heretofore granted to Bloomington & Normal Railway, Normal Electric Light and Power Company, and Bloomington & Normal Railway Electric & Heating Company under ordinances duly passed by the Town Council of the Town of Normal, in McLean County, State of Illinois, respectively on July 7, 1902, July 21, 1902, and November 4, 1903, to erect poles and string wires, and to maintain the same, over which to convey electricity for light and power purposes to any or all of the citizens or residents of the Town of Normal; and
SEC. 26.1-2 WHEREAS Illinois Power Company, an Illinois Corporation, hereinafter also designated as "Grantee", has petitioned the President and Town Council of the Town of Normal, hereinafter designated as "Municipality," asking that the right, permission and authority be granted to it, its successors and assigns, by ordinance, to construct, maintain and operate a system for the manufacture, transmission, distribution and sale of electric energy for lighting, heating and power purposes within the corporate limits of the Municipality as presently established or as may hereafter be extended; and
SEC. 26.1-3 WHEREAS Grantee has duly complied with all provisions of the laws of the State of Illinois and with all ordinances of the Municipality with reference to the obtaining of such right, permission and authority; and Municipality and Grantee have agreed upon the terms, provisions and considerations herein set forth.
SEC. 26.1-4 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND TOWN COUNCIL OF THE TOWN OF NORMAL, McLEAN COUNTY, STATE OF ILLINOIS:
- That for the mutual and other valuable considerations as
herein provided, the right, permission and authority to construct,
maintain and operate a system for the manufacture, transmission,
distribution and sale of electric energy for lighting, heating
and power purposes in the Municipality is deemed to be to the
best interests of the Municipality and the public.
- That the right, permission and authority be, and the same
are hereby granted to Grantee to construct, maintain and operate
in the Town of Normal, a Municipal Corporation organized and
existing under and by virtue of the laws of the State of Illinois,
a system for the manufacture, transmission, distribution and
sale of electric energy for lighting, heating and power purposes.
The Grantee may construct and maintain all necessary poles or
conduits and install upon or in same conductors, and apparatus
necessary or convenient for said system, in, over, upon, across,
and under each and all of the streets, alleys, avenues, bridges
or other public places, provided same shall not interfere with
travel on such streets, alleys, avenues, bridges or other public
places, and that such equipment and apparatus of Grantee shall
be located and erected at all times under the supervision of
the Committee on Streets and Alleys of the Municipality or under
such supervision as Municipality shall, from time to time, provide.
Municipality specifically reserves, in connection with this
license or grant, the power to order the removal of any pole,
wire or equipment now located, or that may hereafter be located,
when it is deemed to be in the interest of said Municipality
to have the same changed to another location, and should Grantee
refuse to relocate such pole or equipment, Street and Alley
Committee may cause the same to be done, and the Grantee, by
its acceptance of this ordinance, agrees to pay for the expense
of such removal or relocation. This provision, relative to the
relocation of poles or equipment, under the direction of the
Committee on Streets and Alleys, shall not be exercised so as
to deprive Grantee of its right to maintain service upon any
street or alley of the Municipality. All poles erected under
this ordinance shall be not less than twenty-five feet in length,
and all poles and conduits shall be so located as not to injure
unnecessarily any pavements, drains, sewers, catch-basins, water
pipe, or other like improvements, but should any pavement, or
any drain, sewer, catch-basin, water pipe or other like improvement
be injured by such location, Grantee shall forthwith repair
the damage caused by such injury to the satisfaction of said
Committee on Streets and Alleys. All poles shall be set in a
straight line as far as possible, be kept at least eighteen
feet above the level of the ground, and no wires shall be attached
to any tree. All abandoned poles shall be removed as soon as
the service is discontinued, and any holes resulting from the
removal of poles shall be kept filled level with the adjoining
surface. No buildings shall be erected by Grantee within or
upon any of the streets, alleys, or public grounds of said Town.
- The Grantee is authorized and empowered to trim trees so
as to prevent the limbs from coming in contact with wires and
equipment; the same shall be done under the supervision and
direction of the Street and Alley Committee after first having
obtained permission from said Committee. Provided further Grantee
shall remove all brush caused by trimming of trees.
- That when any building is constructed or altered on any
street, avenue, alley, bridge or public place, upon which or
in which any poles of Grantee have been placed, shall be graded,
curbed, paved or otherwise changed so as to make the resetting
or reconstruction of such poles necessary in the judgment of
the Municipality, Grantee, its successors or assigns, shall,
at its expense, make such necessary change in construction in
the best interest of Municipality and the inhabitants thereof.
Should it become necessary or should Grantee desire to use conduits
or other similar fixtures, Grantee shall make application to
the Municipality for the establishment of permanent grades to
be established. The Municipality agrees to establish promptly
such permanent grades upon such application.
- That, as a further consideration for the right, permission,
and authority provided by this ordinance, so long as Grantee
during the term hereof shall exercise such right, permission
and authority and shall furnish Municipality’s entire series
street lighting requirements, Grantee shall furnish, free of
charge to the Municipality, electric street lighting service,
as herein provided.
- The initial street lighting service to be furnished
free of charge hereunder shall consist of 126 series electric
street lamps; provided that
- The number of series electric street lamps to be furnished
free of charge hereunder from time to time shall be subject
to increase or decrease to such number as determined by
multiplying 126 by the ratio of the number of series lamps
furnished by Grantee and in service pursuant to electric
Street Lighting Ordinance Contract with Grantee at the time
effective, to the number of series electric street lamps
furnished by Grantee, pursuant to and specified in the electric
Street Lighting Ordinance Contract with Grantee effective
with the acceptance of this Ordinance by Grantee;
- The number of series electric street lamps of any type,
size and burning schedule to be furnished free of charge
hereunder shall at any time be proportionately the same
as that of the series electric street lamps furnished by
Grantee and in service pursuant to the electric Street Lighting
Ordinance Contract effective at that time between Municipality
and Grantee.
- The initial street lighting service to be furnished
free of charge hereunder shall consist of 126 series electric
street lamps; provided that
- That, as a further consideration for the right, permission
and authority provided by this ordinance, the Grantee, its successors
and assigns, agree to furnish electricity for lighting purposes
only, free of charge to the Municipality, for the Town Hall,
water pumping station, fire station and such other municipal
buildings as may hereafter be erected by the Municipality during
the term of this Franchise Ordinance.
- That all rights and privileges granted by this ordinance
are granted for a term of fifty-three (53) years from and after
the acceptance of this ordinance as hereinafter provided.
- That all poles, conductors, conduits and equipment placed
in the streets or public places in the Municipality, shall be
exempt from any special tax, assessment, license or rental charge
during the term of this Ordinance, so long as Municipality shall
be the recipient of free lighting service as provided in sub-section
(E) of SEC. 26.1-4 of this Code.
- Municipality shall at all times have the right to run its
fire alarm system and all other wires belonging to the Municipality
on poles free of rent, and Grantee shall in return have the
right to run its wire upon any poles belonging to the Municipality,
provided said wires shall not in any way interfere with the
wires of the Municipality or with their efficiency.
- The said Grantee, its successors and assigns, shall pay
all damages, court costs and expenses, which may be recovered
against said Municipality by reason of the construction, maintaining
or operating of said electric lighting system in said Municipality
and to hold said Municipality harmless and indemnified therefrom,
including all reasonable attorney's fees, and said Grantee,
its successors and assigns, shall pay all costs and damages,
which may result from accident, carelessness, negligence or
misconduct of the said Grantee, its successors or assigns, or
its or their officers, agents or employees in the construction,
maintaining, or operating of said electric light system in said
Municipality. The Grantee herein shall have the right at all
times to join in the defense of any and all actions in which
the Municipality is made the defendant by reason of any such
claim for damages, court costs and expenses.
- The rates to be charged by Grantee for the furnishing of
service to the inhabitants of the Municipality or for the general
pumping and street lighting service to the Municipality, shall
be those provided from time to time by ordinance duly passed,
except as such rates as are established, modified or changed
by the State of Illinois or any agency thereof, whose authority
supersedes that of Municipality.
- This ordinance and all its provisions shall be binding upon
said Grantee, its successors and assigns, and lessees and in
case of the failure to fulfill any or either of the conditions
or provisions of this ordinance, the Town Council may by ordinance
duly passed, declare this franchise forfeited and all provisions
hereof shall thereupon cease.
- That after the passage and approval of this ordinance and
within sixty (60) days after such approval, this ordinance shall
be accepted by Grantee by its filing with the Clerk of the Municipality,
an unconditional written acceptance thereof. Failure of Grantee
to so accept this ordinance within said period of time shall
be deemed a rejection thereof by Grantee, and the rights and
privileges herein granted shall, after the expiration of said
period of sixty (60) days, if not so accepted, absolutely cease
and determine, unless said period of time shall not be extended
by ordinance duly passed for that purpose.
- That all provisions of this ordinance which are obligatory upon or which inure to the benefit of Illinois Power Company shall also be obligatory upon and shall inure to the benefit of all successors and assigns of Illinois Power Company, and the word “Grantee” wherever used in this ordinance shall include and be taken to mean not only Illinois Power Company, but all successors and assigns of Illinois Power Company.