1958-06-05 - Ordinance 1958-010 - AUTHORIZING NORTHERN IL GAS COMPANY TO CONSTRUCT, OPERATE AND MAINTAIN A GAS DISTRIBUTING SYSTEM4
U8l710VAm6r= U-5 -e-10
-- GAS ORDINANCE --
AN ORDINANCE AUTHORIZING NORTHERN ILLINOIS GAS
0OMPA14Y, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT,
OPERATE AND [MAINTAIN A GAS DISTRIBUTING SYSTEM IN
AND THROUGH THE VILLAGE OF BUFFALO GROVE, COOK
COUNTY, 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,
an Illinois corporation, its successors and assigns, (hereinafter
referred to as the "Grantee "), to construct, operate and maintain in
and through the VILLAGF OF BUFFALO GROVE (hereinafter referred
to as the "Municipality "), in the County of Cook , and
State of Illinois, for a term of Fifty ( o) years, a system
for the production, distribution and sale of gas for fuel, heating,
processing and other pur)oses 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 equip-
ment 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 regu-
lations hereinafter set forth.
SECTION 2. All pipes, mains, conductors and other apnli --
ances, including connections with service pipes, hereafter laid in
streets, alleys, avenues or other public places, shall be laid under
-2-
the supervision of the Committee on Streets and Alleys of the Munici-
pality, 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, sewers catch
basin, water pipes pavement or other like public improvement be injured
by such locations 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 agents 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 witA respect to the use of the
public streets, alleys, avenues and other public places of the Munici-
pality,
SECTION 3. The Grantee shall indemnify, become responsible
for and forever save harmless the Municipality from Any and all judg.
ments, 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, alleys avenue or other public place in
the Municipality by the Grantee pursuant to the terms of this ordi-
nance or legally resulting from the exercise by the Grantee of any of
the privileges herein granted, and as additional security therefor the
Grantee shall, during the life of this ordinance, keep on file with
the Village Clerk of the Municipality a good and sufficient bond in the
penal sum of Five Thousand Dollars (45,000), conditioned to protect and
indemnify the Municipality as in this section provided, and said bond
- 3 -
shall be subject to the approval of the Board of Trustees of the Muni-
cipality, and the Municipality shall have the right from time to time;
whenever in the opinion of said Board of Trustees the same may be
necessary, to require the Grantee to renew or provide additional or
other security on said bond -,
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 1unicipality 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 ob-
ligatory upon, or which inure to the benefit of, said Northern Illinois
Gas Company shall also be obligatory upon and shall inure to the bene-
fit of any and all successors and assigns of said corporation, and the
word "Grantee') wherever appearing in this ordinance shall include and
be taken to mean not only said Northern Illinois Gas Company, but also
each and all of such successors and assigns,
--4-
ECTION 6. This ordinance, if accented by the Grantee as
hereinabove provided, shall be in full force and effect on and after
19__JL, and shall from and after the effective
ate, supersede, cancel and be in lieu of any and all other existing
or prior grants of right, ?-)ermission and authority to said Grantee
or any predecessor com?Danies or assignors of the Grantee to construct,
operate and maintain any system for the production, distribution and
sale of gas for fuel, heating, processing and other purposes within
this Municipality.
PASSED BY Ti ;E BOARD OF TRUSTEES OF Tf1E VILLAGE OF
-- BLE ALL GROPE , ILLINOIS, 24AIS �S�tZ- DAY OF
iw A. D. 19_U
4
Village Clerk
APPROVED BY THE ?RrSIDENT OF THE VILLAGE OF BUFFALO,
r,R vF :ILLINOIS, THIS DAY OF
A. D. 175.8.
(Seal)
h T'TF0T
Village Clerk
Presi
STATE OF ILLINOIS }
COUNTY OF COOK
}
VILLAGE OF BUFFALO )
Gtt JVE
Village Clerk of
the Village of Buffalo Grove , Cook County, Illinois,
do hereby certify that the foregoing is a true and correct copy
of an Ordinance duly passed
on the day of
duly approved by the Presid
day of
Ordinance is now on file in
by the Board of Trustees of said Village
A.D. 1958 , and
9nt of said Village on the &✓ �
A.D. 1958 , the original of which
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 day of 1� , A.D. 19-5-80
Village Clerk
Address
(SEAL)
� J
ACCEPTANCE OF GAS ORDINANCE
TO THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE
BUFFALO GROVE, ILLINOIS.
Gentlemen:
The undersigned, NORTHERN ILLINOIS GAS COMPANY,
for itself, its successors and assigns, hereby accepts the
Ordinance entitled:
"An Ordinance authorizing Northern Illinois
Gas Company, its successors and assigns,
to construct, operate and maintain a gas
distributing system in and through the
Village of Buffalo Grove , Cook
County, Illinois ",
duly passed by the Board of Trustees of the Village of
Buffalo Grove , on the 5th day of June ,
A.D, 1958 and duly approved by the President of said
Village on the 5th day of June , A.D. 19 58.
IN TESTIMONY WHEREOF, the undersigned has caused
these presents to be signed by its Vice President, and its
Corporate Seal to be hereunto affixed, attested by its
Secretary, this 1-111-4 day of "�r4+4w ,
A.D. 1958.
ATTEST:
l �
t. CRETARY
NORTHERN ILLINOIS GAS COMPANY
By e %jxr==��
VIC PRESIDENT
STATE OF ILLINOIS )
)
COUNTY OF COOK ) SS.
VILLAGE OF BUFFALO GROVE )
Village C l e r k
of the Village of Buffalo Grove , Cook County,
Illinois, do hereby certify that the attached and foregoing
is a true and correct copy of an Acceptance of an Ordinance
duly passed by the Board of Trustees of said Village on the
5th day of June , A.D. 19 58 , and duly
approved by the President of said Village on the 5th
day of June , A.D. 1958 , and that said acceptance
was duly filed in my office on the day of
A.. D. 1958 .
I do further certify that I am the legal custodian
of all papers, contracts, documents and records of the said
Village.
WITNESS my hand and the official seal of said
Village this day of ,
A.D. 1958 .
Village Clerk
Address
(Seal)
p - st -f/D
GAS
ORDINANCE BOND
Bond No. 3082938 05,000.00
KNOW ALL MEN BY THESE PRESENTS: That we, NORTHERN ILLINOIS GAS
COMPANY, an Illinois corporation, as Principal, and National Surety
Corporation, 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 ($5,000e00) 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, 1958, 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, permission
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 50 1958,
a system for the production, 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 attorneyst 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
r
municipality by the Principal pursuant to the terms of said ordinance,
or legally resulting from the exercise by the Principal of any of the
privileges in said ordinance granted.
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.
IN WITNESS WHEREOF, said Principal and Surety have caused these
presents to be executed by their lawfully authorized officers this
5th day of June, 1958,
ATTEST:
AssistqEp Secretary
Principal
NORTHERN ILLINOIS GAS COMPANY
By --F
Executive i e- resident
Surety
NATIONAL SURETY CORPORATION
By . C�-� Q�'
Attorney -in act
MAX HOAGLIN
1
STATE OF ILLINOIS, `u a
COUNTY OF J I' --
Notary Public of cook County, ' fate of Illinois, do hereby certify, that
bm HOAMT.TV ---- ___ - -- Attorney in fact.
CORpbMTION, who is personally known to me to
of NATIONAL SURETY
to the foregoing instrument. apps
be the same person whose name is subscribed
person' and acknowledged that he signed, sealed and delivered
before me this day in
said instrument, for and on behalf of NATIONAL SURETY CORPORATION
for the uses and purposes therein set forth.
Given under my hand and notarial seal t my office in the City of D 19_
in said County, this- --`L -- -_day of —
Notary Pxblir.
n owns nlhma %Aft -1 E4
NATIONAL SURETY CORPORATION
e>cv �All
A Member of The FUND Insurance Companies
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that NATIONAL SURETY CORPORATION, a Corporation duly
organized and existing under the laws of the State of New York, and having its principal office in the City of
New York, N. Y., bath made - ,- ,FonHstj_tutgLlAnc�,pppjPI�nd by these presents make, constitute and
appoint MA1� JUOIANP�
CHICAGO - and State of ILLINOI
its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and
stead, to execute, acknowledge and deliver 1 nd8 reco izances cantrao 8e
agreements of indemnity and other condition or o ga oxS vn er cgs.
provided however, that the penal sum of any one such Instrument eaecut
here ryier shall not exceed ONE HUNDRZD THOUSAND $100 000.00 DOLLARS - - - -
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the
President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying
and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and
by authority of the following provisions of the By -laws of NATIONAL SURETY CORPORATION:
"ARTICLE XII. RESIDENT OFFICERS AND ATTORNEYS -IN -FACT.
"Section 1. The Chairman, President or any Vice - President may from time to time appoint Resident Vice- Presidents, Resident Assistant
Secretaries and Altorneys -in -Fact to represent and act for and on behalf of the corporation and the Chairman, President, or any VicoPred-
dent, the Board of Directors or the Executive Committee may at any time suspend or revoke the powers and authority given to any such
Resident Vice- President, Resident Assistant Secretary and Attorney -in -Fact, and also remove them from office. (Adopted April 21, 19311,
Applies to all powers of attorney executed prior to May 25, 1933).
"Section 1. —The President. Executive Vicd-Presideal or any Vice - President may, from time to time, appoint Resident Vice - Presidents,
Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and the President, Executive
Vice - President or any Vice - President, the Board of Directors or the Executive and Finance Committee may at any time suspend or revoke
the powers and authority given to any such Resident Vice - President, Resident Assistant Secretary or Attorney -in -Fact, and also remove any
of them Irom office. (As amended May 25, 1933. Applies to all powers of attorney executed prior to April 27, 1943).
"Section 1. Appointment. -The President. Executive Vice President or any Vice President may, from time to time, appoint Resident
Vice Presidents, Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation. (As amended
April 27, 1943. Applies to all powers of attorney executed on or after that date).
"Section 4.- Attorneys- in- Fact.-Altorneye -in -Fact may be given full power and authority fb execute, acknowledge and deliver for and
in the name and on behalf of the Corporation any and all bonds, recognizances, contracts of indemnity and other conditional at obligatory
undertakings, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Corporation an if signed by the
Chairman or the President and sealed and attested by the Secretary. (Adopted April 29, 1933. Applies to ail powers of attorney executed
prior to May 25, 1933).
"Section 4.-Attorneys -in -Fact. Attorneys -in -Fact may be given full power and authority to execute, acknowledge and deliver for and
in the name and on behalf of the Corporation any and all bonds, recognizances. contracts of indemnity and other conditional or obligatory
un gs. dertakin and any such instrument sa executed by any such Attorney -in -Fact shall be as binding upon the Corporation as If signed by
the President and sealed and attested by the Secretary. (As amended May 25, 1933. Applies to all powers of attorney executed prior to
July 30, 1935).
"Section 4.— Altorneys -in- Fact. — Altorneys -in -Fact may be given full power and authority, for and in the name and on behalf of the
corporation, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts of indemnity and other conditional or Obliga-
tory undertakings, and any and all notices and documents cancelling or terminating the corporation's liability thereunder, and any such
instrument so executed by any such Allorney -in -Fact shall be as binding upon the corporation as if signed by the President and sealed and
attested by the Secretary. (As amended July 30, 1935. Applies to all powers of attorney executed prior to April 27, 1943).
"Section 4. Attarneys -in -Fact. Attorneys -in -Fact may be given full power and authority, for and in the name and on behalf of the
Corporation, to execute, acknowledge and deliver, any and all bands, recognizances, contracts, agreements of indemnity and ether Bondi.
tional or obligatory undertakings, and any and all notices and documents cancelling or terminating the Corporation's liability thereunder,
and any such instrument so executed by any such Attorney -in -Fact shall be as binding upon the Corporation as if signed by the President
and sealed and attested by the Secretary. (As amended April 27, 1943. Applies to all powers of attorney executed prior to April 29, loss.)
"Section 4.—Atlorneys -in- Fact. - Attorneys -in -Face may be given full power and authority, for and In the name and on behalf of
the Corporation, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other con-
ditional or obligatory undertakings, and any and all consents and releases incident thereto, and any and all notices and documents cancel-
ling or terminating the Corporation's liability thereunder, and any such instrument se executed by such Attorney -in -Pact shall be as bindley
upon the Corporation as if signed by the President and sealed and attested by the Secretary. (As amended April 29, . 1953. APp11es to all
powers of attorney executed on or after that date.)
"Section 7.— Attorneys -in- Fact. — Attorneys -in -Fact are hereby authorized to verily any affidavit required to be attached to bonds, recog-
izances, contracts of indemnity, or other conditional or obligatory undertakings, and they are also authorized and empowered to certify to
n copy of the By -laws of the Corporation or any Article or Section thereof. (Adopted April 29, 1933. Applies to all powers of attorney exe•
culled prior to May 25. 1933).
"Section 7.— Attorneys -in- Fact.— Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, real
nizances, contracts of indemnity, or other conditional or obligatory undertakings, and they are also authorized and empowered to certify to
copies of the By -laws of the corporation or any Article or Section thereof. (As amended May 25, 1933. Applies to all powers of alternely
executed prior to April 27, 1943).
"Section 7. Attorneys -in- Fact — Verifications. — Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to
bonds, recognizances, contracts, agreements of indemnity, or other conditional or obligatory undertakings. and they are also authorized and
empowered to certify to copies of the By -laws of the Corporation or any Article or Section thereof. (As amended April 27, 1943. Applies
to all powers of attorney executed prier to June 27, 1944).
"Section 7. Atlorneys -in- Fact — Verifications— Certirrcations.- Attorneys -in -Fact are hereby authorized to verify, by affidavit or otherwise,
the authority to execute bonds, recognizances, contracts, agreements of indemnity, and other conditional or obligatory undertakings, and to
Certify, by affidavit or otherwise, as to the inspection or examination of assets of the Wolfe, where the fiduciary responsible for such
assets is bonded by the Corporation; and they are also authorized and empowered to certify to copies of the By-laws of the Corporation
or any Article or Section thereof- (As amended June 27, 1944. Applies to all powers of attorney executed on or after that date).
"ARTICLE VIII. APPOINTMENT AND AUTHO SI AND MAKE APPEARANCES. NT SECRETARIES, AND ATTORNEYS -IN -FACT, AND AGENTS
TO ACCEPT LEGAL Section 30. Appointment. The President, any Vice President, or any other person authorized by the Board of Directors, the Chairman
cf the Board of Directors, the President or any Vice President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-
in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on
behalf of the Corporation. (Adopted October 25, 1955. Applies to all Powers of Attorney executed on and after that date.)
Section 31. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact, and Agents shall be as prescribed in
the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time
By the Board of Directors or by any person empowered to make such appointment. (Adopted October 25, 1955. Applies to all Powers of
P.ttorney executed on and after that date.)
IN 'WITNESS WHEREOF, NATIONAL SURETY
signed by its Vice President, attested by its Assistant
Phis 5th day of
(Sea])
H. L. JOHNSON
F. 2011 REV. 1/56 Assistant Secretary
CORPORATION has caused these presents to be
Secretary, and its corporate seal to be hereto affixed
MAY A.D., 19 58
By
NATIONAL SURETY CORPORATION
S. Q . DRAKE
Vice President
STATE OF NEW YORK,
COUNTY OF NEW YORK, ss.:
On this 5th clay of MAY A.D., 19 58.
before me personally came So G. DRAKE to me known,
who, being by me duly sworn, did depose and say, that he resides in the City of New York; that he is Vice
President of NATIONAL SURETY CORPORATION, the Corporation described in and which executed the
above instrument: that he knows the seal of said Corporation; that the seal affixed to the said instrument is
such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed
his name thereto by like order. And said So G. DRAKE;
further said that he is acquainted with H. L. JOHNSON and knows him
to be an Assistant Secretary of said Corporation; and that he executed the above instrument.
ELIZABETH C. KING
(Notarial seal affixed) Notary Public
STATE OF NEW YORK
COUNTY OF NEW YORK ss..
I H. La JOHNSON Assistant Secretary and Attorney -in -Fact of NATIONAL SURETY
CORPORATION, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney
(including applicable By -law sections), executed by said NATIONAL SURETY CORPORATION, which is still in
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the
City of NEW YORKIN.Ys
XzMdMj Assistant
O
w�
V O
a
a
, 195.
and Attorney -in -Fact
x
O
Q
s
N
VI
m
v
W
Z
o
Q�
v
a
m aow
z
z
O
E
O
o
A
v
XzMdMj Assistant
O
w�
V O
a
a
, 195.
and Attorney -in -Fact
x
O
Q
s
N
VI
STAFF OF ILLINOIS )
)
COUNTY OF, COOS )
VILLAGE OF BUFFALO GROVE )
SS,
1.58 -(d
9 Village
Clerk of the Village of Buffalo Grove , Cook County,
do hereby certify that the attached and foregoing is a true
and correct copy of a certain bond duly filed in my office by
Northern Illinois Gas Company, on the c?18d day of
J ®, A.D. 198 , under and pursuant to the
rovisions of the ordinance therein described passed by said
Village on the 5th day of June , A,D, 1958 ,
and that said bond, of which the foregoing is a copy, was duly
approved and is to be kept on file in my office.
I do further certify that I am the legal custodian
of all papers, contracts, documents, and records of the said
Village.
WITNESS, my hand and the official seal of said
Village, this day of - 11e�/ , P.D. 1958
( Sep.l)
z_��
op �a
Address