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2007-079ORDINANCE NO. 2007 - 79 AN ORDINANCE AUTHORIZING NORTHERN ILLINOIS GAS COMPANY (d/b /a NICOR GAS COMPANY) ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE AND MAINTAIN A GAS DISTRIBUTING SYSTEM IN AND THROUGH THE VILLAGE OF BUFFALO GROVE, ILLINOIS. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS: SECTION 1. That the right, permission and authority be and the same are hereby granted to NORTHERN ILLINOIS GAS COMPANY (d/b /a NICOR GAS COMPANY), an Illinois ,corporation, its successors and assigns (hereinafter referred to as the "Grantee "), to construct, operate and maintain in and through the VILLAGE OF BUFFALO GROVE (hereinafter referred to as the "Municipality "), in the State of Illinois, for a term of Fifty (50) years, a system for the production, distribution and sale of gas for fuel, heating, power, processing and other purposes within and outside the corporate limits of the Municipality, and to construct, lay, maintain and operate such gas pipes, mains, conductors and other devices, apparatus and equipment as may be necessary or convenient for such system in, under, along and across 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 pipes, mains, conductors and other appliances, including connections with service pipes, hereafter laid in streets, alleys, avenues or other public places, shall be laid under the supervision of the Committee on Streets and Alleys of the Municipality, or such other duly authorized agent of the Municipality as the Board of Trustees may from time to time designate. All pipes, mains, conductors and other appliances 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, 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. 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. The Grantee shall indemnify, become responsible for and forever save harmless the Municipality from any and all judgments, damages, decrees, costs and expenses, including attorneys' 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 Municipality by the Grantee pursuant to the terms of this ordinance or legally resulting from the exercise by the Grantee of any of the privileges herein granted. SECTION 4. 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 filing 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 -2- by ordinance duly passed for that purpose and before the expiration of said period of thirty (30) days. SECTION 5. All provisions of this ordinance which are obligatory upon, or which inure to the benefit of, said NORTHERN ILLINOIS GAS COMPANY (d /b /a NICOR GAS COMPANY) shall also be obligatory upon and shall inure to the benefit of any and all successors and assigns of said Company, and the word "Grantee" wherever appearing in this ordinance shall include and be taken to mean not only said NORTHERN ILLINOIS GAS COMPANY (d/b /a NICOR GAS COMPANY), but also each and all of such successors and assigns. SECTION 6. This ordinance, if accepted by the Grantee as hereinabove provided, shall be in full force and effect as of June 5, 2008, and from and after the effective date shall supersede, cancel, repeal and be in lieu of any and all other existing or prior grants of right, permission and authority by said Municipality to said Grantee or any predecessor companies or assignors of the Grantee to construct, operate and maintain any system for the production, distribution and sale of gas for fuel, heating, power, processing and any other purposes within the corporate limits of this Municipality, and this ordinance shall likewise cancel all of the obligations under said existing or prior grants. Section 7. This Ordinance shall be effective from and after its passage and approval. AYES: 5 - Glover Berman Kahn Trilling Rubin NAYES: 0 - None ABSENT: 1 - Braiman PASSED: December 3 2007 APPROVED: December 3 _, 2007 -3- ATTEST: illage Clerk (Seal) VMS 0 IN I Village Clerk -4- APPROVED: Village President STATE OF ILLINOIS ) COUNTY OF COOK ) SS. VILLAGE OF BUFFALO GROVE ) 1 Janet M. Sirabian , Village Clerk of the Village of Buffalo Grove, 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 3rdday of December 2007, and duly approved by the President of said Village on the 3rd day of December , 2007, 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. WITNESS my hand and the official seal of said Village this 4th day of December (SEAL) 2007. Village Clerk Buffalo Grove, Illinois ACCEPTANCE OF GAS ORDINANCE TO THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS: The undersigned, NORTHERN ILLINOIS GAS COMPANY (d/b /a NICOR GAS COMPANY), for itself, its successors and assigns, hereby accepts the Ordinance entitled: "An Ordinance authorizing NORTHERN ILLINOIS GAS COMPANY (d/b /a NICOR GAS COMPANY), its successors and assigns, to construct, operate and maintain a gas distributing system in and through the Village of Buffalo Grove, Illinois "; duly passed by the Board of Trustees of the Village of Buffalo Grove, on the 17 day of December, 2007, and duly approved by the President of said Village on the 17 day of December, 2007. IN TESTIMONY WHEREOF, the undersigned has caused these presents to be signed by its Assistant Vice President, and attested by its Assistant Secretary, this 11 day of January, 2008. Northern Illinois Gas Company (d/b /a Nicor Gas Company) D. Scott ATTEST: By Neil J. Mal y Assistant Secretary ice President STATE OF ILLINOIS ) COUNTY OF COOK ) SS. VILLAGE OF BUFFALO GROVE ) ee I, •�!3� `- L , Vill ge Cler of the Village of Buffalo Grove, Illinois, do hereby certify that the attached and foregoing is a true and correct copy of an Acceptance of an Ordinance of said Village, duly passed by the Board of Trustees of said Village on the /711 day of z. °t.�/t� /2,0,0.7, and duly approved by the President of said Village on the ZZ d"ay of /X��Y I L� t'�?7 ��` / , 2007, and that said acceptance was duly filed in my office on the A/day of AZZ 1)4 ?dt-1�-- 2001 I do further certify that I am the legal custodian of all papers, contracts, documents and records of said Village. WITNESS my hand and the official seal of said Village this d r' ay of 2008. (SEAL) Village Clerk Village of Buffalo Grove Buffalo Grove, Illinois ,r VI LGE OF BUFFALO GR E /I 50 RAUPP BOULEVARD • BUFFALO GROVE, ILLINOIS 60090 • PHONE (312) 537 -8984 • M Vv TO F BILL DAVIS DATE November 7, 1978 SUBJECT NIG Increase in Gas Allocation Attached please find an October 30 notification, Please review and advise what affect this has on the Village. Thank you. BY 3d ..):. /. {L U sIP _IC F i1 _ Viol -fir November 15, 1978 DATE W. R. Balling: In return for easement sights within the Village of Buffalo Grove, N.I.G. allows (based on population) franchise gas for public buildings. Due to our recent census and population increase, our new allotment is 50,625 therms per year, as compared to our previous allotment of 46,800 therms. In dollars at .24 per therm, the Village should realize a savings of $918.00. W. H. Davis SIGNED Farm N 113 Q The D,a-i , Bo.rd, Inc., B— 503, DoI - f,— INSTRUCTIONS TO SENDER: INSTRUCTIONS TO RECEIVER: 1. KEEP YELLOW COPY. 2. SEND WHITE AND PINK COPIES WITH CARBON INTACT. I. WRITE REPLY. 2. DETACH STUB, KEEP PINK COPY, RETURN WHITE COPY TO .C.ENUER. 0 One of the NICOR basic energy companies October 30, 1978 NORTHERN ILLINOIS GAS P.O. Box 190 Aurora, Illinois 80507 Phone 312 355 8000 Address Reply to Company at: 100 Shermer Road Glenview, Illinois 60025 724 -6700 Mr. William Balling, Village Manager Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60090 Dear Mr. Balling: Attached for the Village of Buffalo Grove is a letter of agreement dated October 25, 1978, that provides for an allowance of 50,625 therms of gas to be supplied annually without charge to the Village. This supersedes a similar letter dated May 29, 1975. Sincerely, C. M. Trostle District Super' tendent as Attachment An Investor-Owned Taxpaying Business 0 One of the NICOR basic energy companies October 25, 1978 NORTHERN ILLINOIS GAS P.O. Box 190 Aurora, Illinois 60507 Phone 31 2 355 8000 President and Board of Trustees Village of Buffalo Grove Buffalo Grove, Illinois Gentlemen: The undersigned, Northern Illinois Gas, for good and valuable considerations, hereby agrees, for itself, its successors and assigns, that so long as that certain ordinance passed by the Board of Trustees of the Village of Buffalo Grove if June 5, 1958 , granting to Northern Illinois Gas, its successors and assigns. the right until June 5, 2008 , to construct, operate and maintain a gas distribution system in the Village of Buffalo Grove , shall remain in full force and effect, it will during each billing year (start and finish of each year shall begin and end with regular meter reading date nearest to January 1) throughout the remainder of the life of said ordinance, supply without charge to the Village of Buffalo Grove if an amount of gas not to exceed Fifty Thousand Six Hundred Twenty -Five (500625) therms, to be used in buildings which may be occupied from time to time by the municipality solely for governmental purposes, or such part thereof as may from time to time be so occupied. and not for purposes of revenue. The amount of said gas being so supplied with- out charge is based upon a population of 209609 in said Village. No additional amount of free franchise gas will be allowed until a new census has resulted in a change in population. The new census can be caused by annexation or even by a special census. When the undersigned has been notified by the Village along with a copy of the official State notification then the amount of natural gas to be supplied without charge shall be adjusted on the basis of three (3) therms per person up to 100000 of population and two (2) therms per person for the next 10.000 of population and one (1) therm per person for the nest 80,000 of population. None of said gas to be supplied without charge to the Village of Buffalo Grove shall be resold for any purpose whatsoever, and in the event the Village uses less than the above mentioned number of therms of gas in any billing year, there shall be no payment due to the Village from the Company, or its successors and assigns, for gas not used during that billing year, nor shall any such unused therms be carried over for the following year's use. In the event Northern Illinois Gas' policy in regard to the practice of supplying gas without charge to municipalities in its present service area is changed at any time in the future, or in the event that said Company in the future provides any other gas utility service benefit as a matter of general policy to all municipalities in said service area, it will inform the Village Board of any such change and will grant to your municipality the benefits of such change or benefits under the same conditions applicable to other munici- palities. Village of Buffalo Grove Page Two October 25, 1978 The Company, for itself, its successors and assigns, reserves the option, however, to reduce the total amount of gas supplied during any one billing year without charge as aforesaid by the amount of any fees which the municipality may charge the Company for street or parkway openings or inspections of any kind. Such reduction will be arrived at by the use of the Company's applicable rate for such calculation. This agreement shall supersede, replace and be in lieu of the provisions as to the supply of gas without charge to the Village of Buffalo Grove contained in a letter of Northern Illinois Gas addressed to the President and Board of Trustees of the Village of Buffalo Grove dated May 29, 1975. Very truly yours, NORTHERN ILLINOIS GAS By VI AGE OF BUFFALO GR E 50 RAUPP BOULEVARD • BUFFALO GROVE, ILLINOIS 60090 • PHONE (312) 537 -89B4 TO F— BILL DAVIS DATE November 7, 1978 SUBJECT NIG Increase in Gas Allocation Attached please find an October 30 notification, Please review and advise what affect this has on the Village. Thank you. i1 BY DATE November 15, 1978 W. R. Balling: in return for easement sights within the Village of Buffalo Grove, N.I.G. allows (based on population) franchise gas for public buildings. Due to our recent census and population increase, our new allotment is 50,625 therms per year, as compared to our previous allotment of 46,800 therms. In dollars at .24 per therm, th& Village should realize a savings of $918.00. W. H. Davis SIGNED Form N -RI 13 ® TH, o,.—., K—A, Inc, K.. ms, DQL- T—, INSTRUCTIONS TO SENDER: INSTRUCTIONS TO RECEIVER: I. KEEP YELLOW COPY. 2. SEND WHITE AND PINK COPIES WITH CARBON INTACT. I. WRITE REPLY. 2. DETACH STUB, KEEP PINK COPY, RETURN WHITE COPY TO SFNOER. 0 One o1 the NICOR basic energy companies October 30, 1978 NORTHERN ILLINOIS GAS P.O. Box 190 Aurora, Illinois 60507 Phone 312 355 8000 Address Reply to Company at: 100 Shermer Road Glenview, Illinois 60025 724 -6700 Mr. William Balling, Village Manager Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60090 Dear Mr. Balling: Attached for the Village of Buffalo Grove is a letter of agreement dated October 25, 1978, that provides for an allowance of 50,625 therms of gas to be supplied annually without charge to the Village. This supersedes a similar letter dated May 29, 1975. Sincerely, 7District ostle Super- tendent Attachment An Investor -Owned Taxpaying Business 0 One of the NICOR basic energy companies October 25, 1978 NORTHERN ILLINOIS GAS P.O. Box 190 Aurora, Illinois 60507 Phone 312 355 6000 President and Board of Trustees Village of Buffalo Grove Buffalo Grove, Illinois Gentlemen: The undersigned, Northern Illinois Gas, for good and valuable considerations, hereby agrees, for itself, its successors and assigns, that so long as that certain ordinance passed by the Board of Trustees of the Village of Buffalo Grove , June 5, 1958 , granting to Northern Illinois Gas, its successors and assigns, the right until June 5, 2008 , to construct, operate and maintain a gas distribution system in the Village of Buffalo Grove , shall remain in full force and effect, it will during each billing year (start and finish of each year shall begin and end with regular meter reading date nearest to January 1) throughout the remainder of the life of said ordinance, supply without charge to the Village of Buffalo Grove , an amount of gas not to exceed Fifty Thousand Six Hundred Twenty -Five (50,625) therms, to be used in buildings which may be occupied from time to time by the municipality solely for governmental purposes, or such part thereof as may from time to time be so occupied, and not for purposes of revenue. The amount of said gas being so supplied with- out charge is based upon a population of 209609 in said Village. No additional amount of free franchise gas will be allowed until a new census has resulted in a change in population. The new census cam. be caused by annexation or even by a special census. When the undersigned has been notified by the Village along with a copy of the official State notification then the amount of natural gas to be supplied without charge shall be adjusted on the basis of three (3) therms per person up to 10,000 of population and two (2) therms per person for the next 10,000 of population and one (1) therm per person for the next 80,000 of population. None of said gas to be supplied without charge to the Village of Buffalo Grove shall be resold for any purpose whatsoever, and in the event the Village uses less than the above mentioned number of therms of gas in any billing year, there shall be no payment due to the Village from the Company, or its successors and assigns, for gas not used during that billing year, nor shall any such unused therms be carried over for the following year's use. In the event Northern Illinois Gas' policy in regard to the practice of supplying gas without charge to municipalities in its present service area is changed at any time in the future, or in the event that said Company in the future provides any other gas utility service benefit as a matter of general policy to all municipalities in said service area, it will inform the Village Board of any such change and will grant to your municipality the benefits of such change or benefits under the same conditions applicable to other munici- palities. Village of Page Two October 25, Buffalo Grove 1978 The Company, for itself, its successors and asaigns, reserves the option, however, to reduce the total amount of gas supplied during any one billing year without charge as aforesaid by the amount of any fees which the municipality may charge the Company for street or parkway openings or inspections of any kind. Such reduction will be arrived at by the use of the Company's applicable rate for such calculation. This agreement shall supersede, as to the supply of gas without contained in a letter President and Board of Trustees dated may 29, 1975. Very truly yours, NORTHERN ILLINOIS GAS By replace and be in lieu of the provisions charge to the Village of Buffalo Grove of Northern Illinois Gas addressed to the of the Village of Buffalo Grove aNFHAL OFFiCF EG5 VJFCI i 4 A ( AT ROiIE 6G. Fcsi CH"L 30M 13� 0.JP,OPA. LtMKS 5?50l TELEPHONE 3S', HE', VtA cony 3I2 Dear Customer: REGE,VED NOV 2 41971 ggEE November 19,�IL1971oF ROFFR1 TROVE Under the provisions of Rider 14, Large Volume Gas Supply, any new or additional use of gas is limited and subject to prior approval by NI -Gas. On November 5, 1971, NI -Gas filed with the Illinois Commerce Commission proposed Rider 17, Unauthorized Use of Gas, to provide additional control of gas use within the limitations of Rider 14 by means of an additional charge of $1.00 per therm for use in excess of allowed quantities. This additional charge will apply if your gas use is greater than the daily quantity stated in your Gas Service Contract plus any increase allowed by Rider 14. If your use is not over 2,000 therms per day and your bills are generally less than $2,000 for a month, you are not likely to be affected by the above Rider 17 provisions; however, customers of all sizes are subject to the Rider. The copy of pending Rider 17, shown on the back of this letter, is for your information and should be attached to your Gas Service Contract. Unless you receive further notification, Rider 17 will become effective December 5, 1971. If you have any questions regarding this matter, please con- tact your local NI -Gas Sales Representative. Yours very truly, r� A. RC Johnsen Vice President AN INVESTOR -OWNED TAXPAYING BUSINESS The following p isions of Rider 17, appl> )le to all non- residential rated, have been filed with the _llinois Commerce Commission by Northern Illinois Gas Company. STANDARD RIDER 17 UNAUTHORIZED USE OF GAS Unauthorized use of gas shall mean the taking of gas by the Customer, on any day, in excess of the maximum daily contract quantity specified in the Gas Service Contract between the Company and the Customer. If un- authorized use of gas occurs, the Company shall charge the Customer, and the Customer shall pay in addi- tion to the regular charges of the rate, $1.00 for each therm of unauthorized use of gas. Such additional charge shall not apply to therms of additional gas for which the Customer may qualify under the provisions of Standard Rider 14, Large Volume Gas Supply, or to therms of additional gas authorized on a temporary basis in advance by the Company for use by a governmental body in an emergency affecting the public health and welfare. Where an increase in peak billing demand is established during the billing period under a rate which includes a demand charge, and the additional charge for unauthorized use of gas is payable in that billing period, charges of the rate for the increased billing demand subject to such additional charge shall apply only to that billing period. Where the Customer's gas use is not measured by the Company on.a daily basis, the Customer's maximum daily contract quantity shall be multiplied by the number of days in the billing period to determine the maximum quantity allowed under the contract as authorized gas. For such customers, unauthorized use of gas shall mean the taking of gas in any billing period in excess of such authorized gas for such billing period. Payment of the additional charge for unauthorized use of gas shall not, under any circumstances, give the Customer the right to use gas in excess of the maximum daily contract quantity, nor shall such payment exclude or limit the Company's right to discontinue service to the Customer for failure to stay within the authorized maximum daily contract quantity. Except as specified above, all other provisions of the rate shall apply. Date Effective, December 5, 1971 GENERAL OFFICE EAST WEST TOLI WAY AT ROUTE 59 POSI OFFICE BOX i40 AURORA. IILINOIS 5050 TEEFRNONE 355 -8000 March 30, 1971 AREA COOS 312 President and Board of Trustees Village of Buffalo Grove Buffalo Grove, Illinois Gentlemen: The undersigned, Northern Illinois Gas Company, for good and valuable considerations, hereby agrees, for itself, its successors and assigns, that so long as that certain ordinance passed by the Board of Trustees of the Village of Buffalo Grove , June 5, 1958 , grant- ing to Northern Illinois Gas Company, its successors and assigns, the right until June 5, 2008 , to construct, operate and maintain a gas distribution system in the Village of Buffalo Grove , shall re- main in full force and effect, it will during each calendar year through- out the remainder of the life of said ordinance, supply without charge to the Village of Buffalo Grove an amount of gas not to exceed Thirty Three Thousand Six Hundred (33,600) -- - - - - -- therms, to be used in buildings which may be occupied from time to time by the municipality solely for governmental purposes, or such part thereof as may from time to time be so occupied, and not for purposes of revenue. None of said gas to be supplied without charge to the Village of Buffalo Grove shall be resold for any purpose whatsoever, and in the event the Village uses less than the above mentioned number of therms of gas in any calendar year, there shall be no payment due to the Village from the Company, or its successors and assigns, for gas not used, nor shall any such unused therms be carried over for the following year's use. The Company, for itself, its successors and assigns, reserves the option, however, to reduce the total amount of gas supplied annually without charge as aforesaid by the amount of any fees which the municipal- ity may charge the Company for street or parkway openings or inspections of any kind. Such reduction will be arrived at by the use of the Company's applicable rate for such calculation. This agreement shall supersede, replace and be in lieu of the provisions as to the supply of gas without charge to the Village of Buffalo Grove contained in a letter of Northern Illinois Gas Company, addressed to the President and Board of Trustees, dated May 6, 19'x1. Very truly yours, NORTHERN ILLINOIS GAS COMPANY By Vic resident AN INVESTOR -OWNED TAXPAYING BUSINESS GENERAL OFFICE EAST MST ML, WAY AT ROUTE 59 POST MICE BOX i90 AURORA LUNO'S SL'SC7 April 17, 1968 Service around the clock TE,_EPHONE 955 -0000 AREA CODE 711 President and Board of Trustees Village of Buffalo Grove Buffalo Grove, Illinois Gentlemen: This will confirm our discussions and conversations relative to the following arrangements: The undersigned, Northern Illinois Gas Company, for good and valuable considerations, hereby agrees, for itself, its successors and assigns, that so long as that certain ordinance passed by the Board of Trustees of the Village of Buffalo Grove, June 5, 1958, granting Northern Illinois Gas Company, its successors and assigns, the right until June 51 2008, to construct, operate and maintain a gas distribution system in the Village of Buffalo Grove, shall remain in full force and effect, it will during each calendar year throughout the remainder of the life of said ordinance, supply, without charge to the Village of Buffalo Grove, an amount of gas not to exceed Twelve Thousand (129000) therms, to be used in buildings which may be occupied from time to time solely for governmental purposes, or such part thereof as may from time to time be so occupied, and not for purposes of revenue. None of said gas to be supplied without charge to the Village of Buffalo Grove shall be resold for any purpose what- soever, and in the event the Village uses less than the above mentioned number of therms of gas in any calendar year, there shall be no payment due to the Village from the Company, or its successors and assigns, for gas not used, nor shall any such unused therms be carried over for the following year's use. The Company, for itself, its successors and assigns, reserves the option, however, to reduce the total amount of gas supplied annually without charge as aforesaid by the amount of any fees which the municipality may charge the Company for street or parkway openings or inspections of any kind. Such reduction will be arrived at by the use of the Company's applicable rate for such calculation. This agreement shall supersede, replace and be in lieu of the provisions as to the supply of gas without charge to the Village of Buffalo Grove contained in a letter of Northern AN INVESTOR -OWNED TAXPAYING BUSINESS Village of Buffalo Grove -2- April 17, 1968 Illinois Gas Company addressed to the President and Board of Trustees of the Village of Buffalo Grove, dated January 25, 1968. Very truly yours, NORTHERN ILLINOIS GAS...- GDD-F&ft--7 L ce President J 61 d FNF RPi_iFR Gr ,Ci L'tc3 TSLIWDV A RUC?f_59 ?f; f:�f r, F f!Ej OX ISO J c rl� Service around the clock T -P' (INE 755 6006 ARfi, CODE a 11 January 25, 1968 President and Board of Trustees Village of Buffalo Grove Buffalo Grove, Illinois Gentlemen: This will confirm our discussions and conversations relative to the following arrangements: The undersigned, Northern Illinois Gas Company, for good and valuable considerations, hereby agrees, for itself, its successors and assigns, that so long as that certain ordinance passed by the Board of Trustees of the Village of Buffalo Grove, June 5, 1958, granting Northern Illinois Gas Company, its successors and assigns, the right until June 5, 2008, to con- struct, operate and maintain a gas distribution system in the Village of Buffalo Grove, shall remain in full force and effect, it will during each calendar year throughout the remainder of the life of said ordinance, supply, without charge to the Village of Buffalo Grove, an amount of gas not to exceed Eight Thousand Five Hundred (8,500) therms, to be used in buildings which may be occupied from time to time by the municipality solely for governmental purposes, or such part thereof as may from time to time be so occupied, and not for purposes of revenue. None of said gas to be supplied without charge to the Village of Buffalo Grove shall be resold for any purpose what- soever, and in the event the Village uses less than the above mentioned number of therms of gas in any calendar year, there shall be no payment due to the Village from the Company, or its successors and assigns, for gas not used, nor shall any such unused therms be carried over for the following year's use. The Company, for itself, its successors and assigns, reserves the option, however, to reduce the total amount of gas supplied annually without charge as aforesaid by the amount of any fees which the municipality may charge the Company for street or parkway openings or inspections of any kind. such reduction will be arrived at by the use of the Company's applicable rate for such calculation. / � v- i e AN INVESTOR -OWNED TAXPAYING BUSINESS Village of Buffalo Grove - 2 - January 25, 1968 This agreement shall supersede, replace and be in lieu of the provisions as to the supply of gas without charge to the Village of Buffalo Grove contained in a letter of Northern Illi- nois Gas Company addressed to the President and Board of Trustees of the Village of Buffalo Grove, dated May 21, 1964. Very truly yours, NORTHERN ILLINOIlS GAS COMPANY By Vice President Bond No SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK, N. Y. GAS ORDINANCE BOND 684055 -42 $5,000.00 KNOW ALL MEN BY THESE PRESENTS, That we, NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, as Principal, and SEABOARD SURETY COMPANY, a New York Corporation, as Surety, are held and firmly bound unto the VILLAGE OF BUFFALO GROVE , Cook County, Illinois in the sum of FIVE THOUSAND DOLLARS ($5,000.00) for the payment of which, well and truly to be made, we bind ourselves, our successors and assigns, jointly, severally, and firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that, whereas, the Board of Trustees of said VILLAGE OF BUFFALO GROVE did, on the 5th day Of June 1%8 , pass, and the President of said Village did on the 5th day of June 1958 , approve an ordinance granting to NORTHERN ILLINOIS GAS COMPANY, its successors and assigns, the right, per- mission and authority to construct, operate and maintain in and through the VILLAGE OF BUFFALO GROVE , in the County of Cook and State of Illinois, for a term of Fifty (50) years, effective on and after June 5, 1958 a system for the distribution and sale of gas for fuel, heating, processing, and other purposes within and outside the corporate limits of said municipality; and WHEREAS it is provided in Section 3 of said ordinance that said NORTHERN ILLINOIS GAS COMPANY, its successors and assigns, shall, during the life of said ordinance, keep on file with the Village Clerk of said VILLAGE OF BUFFALO GROVE a good and sufficient bond in the sum of Five Thousand Dollars ($5,000.00), conditioned to indemnify, become responsible for and forever save harmless said Village from any and all judgments, damages, decrees, costs, and expenses, including attorneys' 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 occu- pation of any street, alley, avenue or other public place in the munici- pality by the Principal pursuant to the terms of said ordinance, or legally resulting from the exercise by the Principal of any of the privi- leges in said ordinance granted. t SEABOARD SURETY'COMPANY NOW, if said NORTHERN ILLINOIS GAS COMPANY, its successors and assigns, shall conform to and comply with said provisions of Section 3 of said ordinance granted, then this obligation to be void, otherwise to remain in full force and effect. This bond is delivered by the Principal and Surety and accepted by the Obligee on the express condition that: 1. This bond of the Seaboard Surety Company replaces ab initio as of the inception date of the franchise Bond No. 3082938 previously issued by National Surety Corporation. National Surety Corporation's bond is hereby discharged from any and all liability thereon with the same effect as if said bond had never been made and had never been filed. Seaboard Surety Company hereby assumes sole responsibility as Surety under this bond from the inception date of said franchise. IN WITNESS WHEREOF, said Principal and Surety have caused these presents to be executed by their lawfully authorized officers this 1st day of ATTEST: G C Lic-a-Z ssistam Se etary June 1966 -2- Principal NORTHERN ILLINOIS GAS COMPANY By Vice President Surety SEABOARDA,SURETY COMPANY By R J• e / ttorney -in -Fact and Resident Agent , STATE OF ILLINOIS COUNTY OF COOK I, HELEN KOVEL, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that R. J. HYDE personally known to me to be the same person whose names ubscribed to the foregoing E instrument who is Attorney -in -fact, appeared before Inc this day in person and acknowledged that he signed, sealed iandr delivered the foregoing instrument as his free and voluntary act as Attorney -in -fact of the SEABOARD SURETY COMPANY, for the uses and purposes therein set forth, And the said first duly sworn on oath says that he is Attorney -in -fact for the said S, SEABOARD SURETY COMPANY, and that such authority has not been revoked or rescinded; that he knows the corporate seal of said Company; that the being affixed to said instrument is such corporate seal, and that it was so affixed by order of seat of Directors the Board • Given under my hand and Notarial Seal this 1st 1970 My Commission Expires April 9,44)6& day of June A. D. 1966 Notary Public. Certified Copy SEABOARD SUREqrY COMPANY No. 4806 HOME Orrice 100 Wu,LrAM STIREET,WkwYoxx 38,N.Y. rower of Attornrg Inow all Arts bU 14r.9r Itrr.6rtlb: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint John F. Schmidt or B. J. Dorsch or R. J. Hyde or K. R. Leander., of Chicago, Illinois, its true and lawful Attorney -in -Fact, to make, execute and deliver, on its behalf as Surety, bonds, under- takings and other obligatory instruments of similar nature as follows: Without Limitations. Such bonds, undertakings and cNigatory instruments for said purposes, when duly executed by the afore- said Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if such bonds, undertakings and obligatory instruments were signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, and are still in full force and effect: ARTICLE VI, Paragraph 6.7: "Attorneys -in -Fact may be appointed by the President or a Vice- President upon such terms and with such powers and duties as he may prescribe." ARTICLE XI, Paragraph II.I: "All policies, bonds, recognizances, stipulations and all underwriting undertakings shall be valid: (a) when signed by the President, or a Vice - President, or a Resident Vice - President, and by a Secretary, or an Assistant Secretary, or a Resident Assistant Secretary or other duly authorized official or agent of the Com- pany; or (b) when executed by an Attorney -in- Fact." In 30itness 36I1rrraf, SEABOARD SURE'T'Y COMPANY has caused these presents to be signed by its Vice - President, and its corporate seal to be hereunto affixed and duly attested by its Assistant Sec- retary, this ........... ,a„721 ........ day of. ........... _ ............ __. November _. -._.._._............. 19...61.. Attest: (Seal) ........ ..... - ..... ............ B ..... Q,. .... RQde ----------------- ---- -._— Assistant Secretary STATE OF NEW Y ORK COUNTY OF NEW YORK � ss.: SEABOARD SURETY COMPANY, By Wehrell------------ - - - - -- - ...... Vice-President On this ........... L7th ......... day of_ _ ------- November ._.-._.- ........................... ...- - -_.., 19 ---- 6. ,., before me personally appeared .............. .- ----- ..... ------------- _.. W,-.. 5.._. ylehraU . .................................. _ ............. _ ....... _._ ........ _ ....... Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of ------- New ...Jersey.........._.__.__..; that he is Vice - President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seat affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice - President of said Company by like authority. (Seal) - --- - -- - -- Lillian Miller -- State of New York Notary Public STAT OF N1,W YORK No. 41- 2711300 Qualified in Queens County COUNTY OFNEW YORK ss.• Cert. filed in New York County Cotmnission Expires March 30, 1963- I...- _- _.$._.S"e..----RQ ...--------_._...._...._ .........................___ _.__._...._.__.............___. ............ -Asst. Secretary of SEABOARD SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said SEABOARD SURETY COMPANY, which is still in full force and effect. Itt 101turss 104errof. I have signed this certificate at New York, New York, this...__ is -day of -. -- — - June ._ ...... _. 1966 fr °COQ ssistant Secretary €, 1927 wl nn xw Form 147 Rev. 1959 CLIEkAL CE =iCE EASWW__9 !,)I 10,,", Al 3BG(E e9 PCST OEEi f,E "s OX I dURCRA LIANCIS nOaO7 Service around the clock TELE ?Y.G NE 356 -2OC7 May 21, 1964 President and Board of Trustees Village of Buffalo Grove Buffalo Grove, Illinois Gentlemen: This will confirm our discussions and conversations relative to the following arrangements: The undersigned, Northern Illinois Gas Company, for good and valuable considerations, hereby agrees, for itself, its successors and assigns, that so long as that certain ordinance passed by the Board of Trustees of the Village of Buffalo Grove, June 5, 1958, granting Northern Illinois Gas Company, its successors and assigns, the right until June 5, 2008, to con- struct, operate and maintain a gas distribution system in the Village of Buffalo Grove, shall remain in full force and effect it will during each calendar year throughout the remainder of the life of said ordinance, supply, without charge to the Village of Buffalo Grove an amount of gas not to exceed Four Thousand (4,000) therms, to be used in buildings which may be occupied from time to time by the municipality solely for govern- mental purposes, or such part thereof as may from time to time be so occupied, and not for purposes of revenue. None of said gas to be supplied without charge to the Village of Buffalo Grove shall be resold for any purpose what- soever. This agreement shall supersede, replace and be in lieu of the provisions as to the supply of gas without charge to the Village of Buffalo Grove contained in a letter of Northern Illinois Gas Company addressed to the President and Board of Trustees of the Village of Buffalo Grove, dated October 29, 1962. Very truly yours, NORTHERN ILLINOIS GAS COMPANY l� By Vitle President NORTHERN ILLINOIS GAS COMPANY GENERAL OFFICES • 50 FOX STREET • AURORA, ILLINOIS OPERATIONS OFFICE• 615 EASTERN AVENUE • BELLWOOD. ILLINOIS ADDRESS REPLY TO COMPANY AT: 615 Eastern Avenue Bellwood, Illinois October 29, 1962 President and Board of Trustees Village of Buffalo Grove Buffalo Grove, Illinois Gentlemen: This will confirm our discussions and conversations relative to the following arrangements The undersigned, Northern Illinois Gas Company, for good and valuable considerations, hereby agrees, for itself, its successors and assigns, that so long as that certain ordinance passed by the Board of Trustees of the Village of Buffalo Grove, June 5, 1958, granting Northern Illinois Gas Company, its successors and assigns, the right until June 5, 2008, to construct, operate and maintain a gas distribu- tion system in the Village of Buffalo Grove, shall remain in full force and effect it will during each calendar year throughout the remainder of the life of said ordinance, supply, without charge to the Village of Buffalo Grove an amount of gas not to exceed Three Thousand (3,000) therms, to be used in buildings which may be occupied from time to time by the municipality solely for governmental purposes, or such part thereof as may from time to time be so occupied, and not for purposes of revenue. None of said gas to be supplied without charge to the Village of Buffalo Grove shall be resold for any purpose whatsoever. This agreement shall supersede, replace and be in lieu of the provisions as to the supply of gas without charge to the Village of Buffalo Grove contained in a letter of Northern Illinois Gas Company addressed to the President and Board of Trustees of the Village of Buffalo Grove, dated August 179 1961. Very truly yours, NORTHERN ILLINOIS GAS COMPANY By Vice President F NORTHERN ILLINOIS GAS COMPANY GENERAL OFFICES • 50 FOX STREET • AURORA, ILLINOIS OPERATIONS OFFICE • 615 EASTERN AVENUE • BELLWOOD. ILLINOIS ADDRESS REPLY TO COMPANY AT: 615 Eastern Avenue Bellwood, Illinois August 17, 1961 President and Board of Trustees Village of Buffalo Grove Buffalo Grove, Illinois Gentlemen: This will confirm our discussions and conversations relative to the following arrangements: The undersigned, Northern Illinois Gas Company, for good and valuable considerations, hereby agrees, for itself, its successors and assigns, that so long as that certain ordinance passed by the Board of Trustees of the Village of Buffalo Grove, June 5, 1958, granting Northern Illinois Gas Company, its successors and assigns, the right until June 5, 2008, to construct, operate and maintain a gas distribution system in the Village of Buffalo Grove, shall remain in full force and effect it will during each calendar year throughout the remainder of the life of said ordinance, supply, without charge to the Village of Buffalo Grove an amount of gas not to exceed One Thousand Five Hundred (1,500) therms, to be used in buildings which may be occupied from time to time by the municipality solely for governmental purposes, or such part thereof as may from time to time be so occupied, and not for purposes of revenue. None of said gas so to be supplied without charge to the Village of Buffalo Grove shall be used for space heating, except as may be authorized from time to time by Northern Illinois Gas Company in accordance with the space heating limitation order of the Illinois Commerce Commission. None of said gas to be supplied without charge to the Village of Buffalo Grove shall be resold for any purpose whatsoever. Very truly yours, NOx THERM ILLINOIS GAS COMPANY By gLij 2- Vice President 9 •r:1 �- !.P rye. � �:', '„r-