Loading...
1979-016ORDINANCE NO. 79- 16 hI- IEREAS, North Shore Gas Company, an Illinois corporation (hereinafter sometimes referred to as the "Grantee "), is desirous of rendering gas service within the corporate limits of the Village of Buffalo Grove, Illinois, a municipal corporation (hereinafter sometimes referred to as the "Municipality "); and IVIEREAS, said North Shore Gas Company has requested the Village of Buffalo Grove, Illinois, to grant a nonexclusive franchise to said North Shore Gas Company, its successors and assigns; NOW, T11FREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, LAKE COUNTY, ILLINOIS: SECTION I. The right, permission and authority be and the same are hereby granted for a term of fifty (50) years to North Shore Gas Company, its successors and assigns, to construct, lay, maintain, repair and operate in, under, along and across each and all of the public streets, sidewalks, alleys, avenues, bridges, other public thoroughfares or parkways within the present corporate limits of the Village of Buffalo Grove, Lake County, Illinois, such pipes, tubing, mains, feeding or service pipes and other devices, apparatus and equipment as may be necessary or convenient for the construction, operation and maintenance of a system for the production, distribution and sale of gas for fuel, heating, processing and other purposes in and through said Municipality, subject to the conditions and regulations hereinafter set forth. SECTION II. The privileges set forth in Section I. above shall be limited to the present and future incorporated area of the Village of Buffalo Grove lying east of the west line of Section Twenty - Eight (28) and north of the south line of Sections Twenty -Seven (27) and Twenty -Eight (28) and east of the west line of the east One Half (1 /2) and north of the south line of Section Thirty -Pour (34), all located in 0 2 - Vernon lbwtirnship which is Township Forty -Three (43) North, Range Eleven (11), East of the Third Principal Meridian in Lake County, Illinois. SECTION 1II. Said Grantee, upon completion of any work involving excavation, shall leave the surface of the ground in a neatly graded condition; provided further that if any sidewalks, parkways or pavements are disturbed by said Grantee, then said Grantee shall restore them as soon as climatic conditions permit, to as good condition as before said sidewalk, parkway or pavement was disturbed by said Grantee. In the event that said sidewalk, parkway or pavement shall become uneven, unsettled or otherwise require repair because of such disturbance by said Grantee, then said Grantee, as soon as climatic conditions permit, shall promptly, upon receipt of notice from said Municipality, cause said sidewalk, parkway or pavement to be repaired or restored to as good condition as before said sidewalk, parkway or pavement was disturbed by said Grantee, and in the event of any failure of said Grantee promptly to do so, or in the case said restoration work is not satisfactory to said Municipality, said Municipality may restore said sidewalk, parkway or pavement to said prior condition, the expense of which work shall be paid by said Grantee, provided such expense is consistent with competitive costs for similar work in the area. SECTION IV. Said Grantee shall not open or encumber more of any street, sidewalk, alley, avenue, bridge, other public thoroughfare or parla,,ay at any one time than may be reasonably necessary to enable said Grantee to install said pipes, tubing, mains, feeding or service pipes and other devices, apparatus and equipment, nor shall said Grantee permit any said street, sidewalk, alley, avenue, bridge, other public thorough- fare or parkway to remain open or encumbered for a longer period than shall be reasonably necessary to complete the intended work. Said Grantee shall use reasonable care to keep all structures which it shall construct by virtue of this Ordinance, in a safe condition at all times, and shall maintain such barriers and danger signals during the construction, repair or renewal of said structures as reasonably required to avoid damage to life, limb and property. I '` - 3 - SECTION V. Said grantee shall obtain from the Village Engineer a permit in connection with openings to be made in the streets, sidewalks, alleys, avenues, bridges, other public thoroughfares or parkways for maintenance, repair or renewal work or for installation of new pipes, tubing, mains, feeding or service pipes or other devices, apparatus and equipment and said Grantee shall install its pipes, tubing, mains, feeding or service pipes and other devices, apparatus and equipment in such part or parts of said streets, sidewalks, alleys, avenues, bridges, other public thoroughfares or parkways in said Munici- pality as authorized; provided, however, that emergency work may be done without prior permit when necessary to prevent interruption in service or for protection of public safety, and permits therefore shall be obtained as soon as practically convenient thereafter. In addition, said Grantee, prior to the installation of gas mains pursuant to this Ordinance, shall file with said Village Engineer, for his information and use, working drawings of said mains and, if requested, shall file with said Village Engineer, for his information and use, permanent maps of said gas mains, which maps shall be updated annually. SE'CT'ION VI. Said Grantee shall hold and keep the said Village harmless from any and all damages to persons or property resulting from acts or omissions of said Grantee, its officers, agents or servants, in the construction and operation of said work. SECTION VIT. Grantee shall, at its sole cost and expense, insure against the liabilities assumed under Section VI herein by maintaining general public liability insurance, including contractual liability coverage, against claims for personal injury, death or property damage arising within the territory for which this Ordinance is granted, such insurance to afford excess protection in the amount of One Million Dollars ($1,000,000) beyond the usual and customary deduct- ible amounts for a public utility as provided in such insurance policies, provided that in no event shall any said deductible amount exceed Two Hundred nifty 'thousand Dollars ($250,000). All policies shall be written 0 4 in companies customarily used by public utilities for said purposes and certificate(s) therefore shall be delivered to said Municipality not less than ten (10) days prior to the expiration of any then current policy. SECTION VIII. All provisions of this Ordinance which are obligatory upon, or which inure to the benefit of, said North Shore Gas Company shall also be obligatory upon, and shall inure to the benefit 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 North Shore Gas Company, but also each and all of said successors and assigns. All provisions of this Ordinance which are obligatory upon, or which inure to the benefit of said Village of Buffalo Grove, shall also be obligatory upon, and shall inure to the benefit of, any and all successors and assigns of said municipal corporation, and the word "Municipality ", wherever appearing in this Ordinance, shall include, and shall be taken to mean, not only said Village of Buffalo Grove, but also each and all of said successors and assigns. SECTION IX. This Ordinance, if accepted by said Grantee as hereinafter provided, shall be in full force and effect on and after its passage and acceptance thereof by said Grantee, and after delivery of the certificate(s) of insurance hereinabove required, 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 said Grantee, to construct, operate and maintain any system for the production, distribution and sale of gas for fuel, heating, processing and other purposes within said Municipality. Within thirty (30) days after the approval of this Ordinance, said Grantee shall file with said Munici- pality, acceptance in writing of all of the terms and provisions hereof. SECTION X. All Ordinances heretofore passed which conflict with this Ordinance he, and the same are hereby repealed. PASSED BY TIII�. a PRESIDENT AND BOARD OF TRUSTEES OF 111E VILLAGE OF BUFFALO GROAT'., ILLINOIS, THIS 20th DAY OF February , A.D., 1979. AYES: 6 - Rech, Bogart, Marienthal, Stone, Mendenhall, Kandel NAYE S : 0 - None ABSENT: 0 - None ATTEST: t AIIPRO17ED: February 26 1979 1 illaQe Presidert r - S _ a PRESIDENT AND BOARD OF TRUSTEES OF 111E VILLAGE OF BUFFALO GROAT'., ILLINOIS, THIS 20th DAY OF February , A.D., 1979. AYES: 6 - Rech, Bogart, Marienthal, Stone, Mendenhall, Kandel NAYE S : 0 - None ABSENT: 0 - None ATTEST: t AIIPRO17ED: February 26 1979 1 illaQe Presidert CERTIFICATE OF INSLh%,INCE TO: Village of Buffalo Grove Buffalo Grove, Illinois This is to certify that North Shore Gas Company is insured under a policy for Excess ',lorkmen's Compensation, Employer's Liability and Occupational Diseases coverages with a single limit of liability of 510,000,000 in excess of S100,000 per occurrence. This will als,r certify that north Shore Gas Company is insured under the same polic_: for Excess Public Liability coverage with a single li,nit of 510,000,(00 in excess of SI00,000 per occurrence. Such policy, which includes Autorr.obile Public Liability coverage and Blanket Contractual Liability coverage, was arranged through Associated Electric & Gas Insurance Services Limited and %dill remain in effect until cancelled. It is agreed that ten (10) days advance written notice will be given the addressee of this Certificate in the event of alteration or cancellation of the above policy. ASSOCIATED ELECTRIC & GAS INSURA!,iCE SERVICES Ll! -IITED D A T E : March 28, 1979 BY: ��wC NORTH SHORE GAS COMPANY 3001 Grand Avenue . Waukegan, Illinois 60085 • Telephone [312] 336 -7400 JOHN P. CLENNON VICE PRESIDENT March 21, 1979 President and Board of Trustees Village of Buffalo Grove Buffalo Grove, Illinois 60090 Gentlemen: Attached is an acceptance letter regarding the franchise ordinance passed by the President and Board of Trustees of the Village of Buffalo Grove on February 20, 1979, authorizing North Shore Gas Company, its successors and assigns, to construct, operate and main- tain a gas distribution system in and through a portion of the Village of Buffalo Grove for a period of fifty (50) years from and after March 16, 1979. Also attached is an insurance certificate issued by Associated Electric & Gas Insurance Services Limited, as of March 15, 1979. Please indicate your receipt and approval of the acceptance letter and insurance certificate by executing and returning the en- closed copy of this letter. Very truly yours, NORTH SHORE GAS COMPANY By \2 Vice President ACCEPTED: VILLAGE OF BUFFALO GROVE . 1 By UL Title Village President Date March 26, 1979 NORTH SHORE GAS COMPANY 3001 Grand Avenue . Waukegan, Illinois 600B5 • Telephone (312] 336 -7400 JOHN P. CLENNON March 16, 1979 VICE PRESIDENT President and Board of Trustees Village of Buffalo Grove Buffalo Grove, Illinois 60090 Gentlemen: WHEREAS, the Village of Buffalo Grove, a municipal corporation of the Counties of Cook and Lake and the State of Illinois, did on February 20, 1979, pass a nonexclusive ordinance granting to North Shore Gas Company, its successors and assigns, the right, permission and authority, for a period of fifty (50) years from and after the date of this acceptance to construct, lay, maintain, repair and operate within the present corporate limits of the Village of Buffalo Grove, Illinois, a system for the production, distribution and sale of gas; and WHEREAS, said ordinance shall take effect and be in force from and after its passage and acceptance thereof by the North Shore Gas Company and the filing of an insurance certificate for the coverages and within the limits set out in Section VII of the ordinance; NOW, THEREFORE, as required under Section IX of the ordinance, the undersigned North Shore Gas Company does hereby accept all of the terms and conditions of said ordinance passed by the President and Board of Trustees of the Village of Buffalo Grove, Illinois, on February 20, 1979, and submits herewith an insurance certificate issued by Associated Electric & Gas Insurance Services Limited. This acceptance is executed by North Shore Gas Company through its proper officers thereunto duly authorized under its corporate seal, and attested by its Secretary within thirty (30) days after approval of the ordinance. (S E A L) ATTEST: 41L� - 0.,0- Secretary Very truly yours, NORTH SHORE GAS COMPANY, an Illinois corporation By �. -vu- -- Vice President NORTH SHORE GAS COMPANY 3001 Grand Avenue . Waukegan, Illinois 60065 • Telephone 13121 336 -7400 JOHN P. CLENNON VICE PRESIDENT March 29, 1979 Mr. William R. Sommer Assistant Village Manager Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60090 Dear Mr. Sommer: This will acknowledge receipt of the executed franchise acceptance letter. Enclosed is an insurance certificate issued by Associated Electric & Gas Insurance Services Limited, dated March 28, 1979. Very truly yours, JPC:v Encl. CERTIFICATE OF INSURA TO: Village of Buffalo Grove Buffalo Grove, Illinois This is to certify that North Shore Gas Company is insured under a policy for Excess Workmen's Compensation, Employer's Liability and Occupational Diseases coverages with a single limit of liability of $1,000,000 in excess of $100,000 per occurrence. This will also certify that North Shore Gas Company is insured under the same policy for Excess Public Liability coverage with a single limit of $1,000,000 in excess of $100,000 per occurrence. Such policy, which includes Automobile Public Liability coverage and Blanket Contractual Liability coverage, was arranged through Associated Electric & Gas Insurance Services Limited for a term ending March 1, 1979. It is agreed that ten (10) days advance written notice will be given the addressee of this Certificate in the event of alteration or cancellation of the above policy prior to its normal expiration date. ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LIMITED Date: March 15, 1979 - BY \�Z ` a i - a Arlva Rd. • I RD c' _ J _ 1 De J Ptr C 4 I Blyd � �A1eXQe ` _ 0 2S 27 LL • Apte ripp 1 Iv Schch . I C � N83.. -7 Marie t.naaau. y <, D FALO I 5 �_lL_, HdmpNir.- -- - - - - -- __ :OV E Ct C Acorn -�t - -- OAw 9 O � I IRedbudlr 'Cir le alcory �•y Ln. 1.9,� � n0 i e 'lldpe Hall �� � Park 1 _jp %v.IT. U Q �- - r ; E A � m - r 1 Stillwell Or, o. ti r/� r /2 ` -- a MoAawE HawM MohawE T.. Rd' Tir, r--7 ARLINGTON I� G OIV d Irk CLUB Ct. J.V. r /lore s O N. S.G VERNON TOWNSHIP WHEELING TOWNSHIP m Rirer..,M d 21 G VIII u E' /2 - 34 W -L L-k: 1H X HEVY CHASE _ a, v' A UNTRVCLUB �I Falmouth —9 �� \A Rp z. 1� t PI c�' Vie. N dolt T rr A� \ A L nda A'^ ludboa d D v - LAKE�OOK .. �4� J ha bsnc.� d�� t D \ H D�LDt 91 ^ Q 6 ` dau Ni, WHEELING �' ���• - - -- n�a. �i PI Pllh EL 4 3 O Ba ab -o W to d a yl yl kG J�� S p _ C Nat 1,;, iw,,e able 83 p I P r VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE THIS DAY OF 197. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, this �2,2 day of •.Gt�iC c 7 , 197?. ORDINANCE NO. 79- 16 WHEREAS, North Shore Gas Company, an Illinois corporation (hereinafter sometimes referred to as the "Grantee "); is desirous of rendering gas service within the corporate limits of the Village of Buffalo Grove, Illinois, a municipal corporation (hereinafter sometimes referred to as the "Municipality "); and WHEREAS, said North Shore Gas Company has requested the Village of Buffalo Grove, Illinois, to grant a nonexclusive franchise to said North Shore Gas Company, its successors and assigns; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, LAKE COUNTY, ILLINOIS: SECTION I. The right, permission and authority be and the same are hereby granted for a term of fifty (50) years to North Shore Gas Company, its successors and assigns, to construct, lay, maintain, repair and operate in, under, along and across each and all of the public streets, sidewalks, alleys, avenues, bridges, other public thoroughfares or parkways within the present.corporate limits of the Village of Buffalo Grove, Lake County, Illinois, such pipes, tubing, mains, feeding or service pipes and other devises, apparatus and equipment as may be necessary or convenient for the construction, operation and maintenance of a system for the production, distribution and sale of gas for fuel, heating, processing and other purposes in and through said Municipality, subject to the conditions and regulations hereinafter set forth. SECTION II. The privileges set forth in Section I. above shall be limited to the present and future incorporated area of the Village of Buffalo Grove lying east of the west line of Section Twenty- Eight (28) and north of the south line of Sections Twenty -Seven (27) and 'hventy -Eight (28) and east of the west line of the east One Half (1/2) and north of the south line of Section Thirty -Four (34), all located in -z Vernon Township which is Township Forty -Three (43) North, Range Eleven (11), East of the Third Principal Meridian in Lake County, Illinois. SECTION III. Said Grantee, upon completion of any work involving excavation, shall leave the surface of the ground in a neatly graded condition; provided further that if any sidewalks, parkways or pavements are disturbed by said Grantee, then said Grantee shall restore them as soon as climatic conditions permit, to as good condition as before said sidewalk, parkway or pavement was disturbed by said Grantee. In the event that said sidewalk, parkway or pavement shall become uneven, unsettled or otherwise require repair because of such disturbance by said Grantee, then said Grantee, as soon as climatic conditions permit, shall promptly, upon receipt of notice from said Municipality, cause said sidewalk, parkway or pavement to be repaired or restored to as good condition as before said sidewalk, parkway or pavement was disturbed by said Grantee, and in the event of any failure of said Grantee promptly to do so, or in the case said restoration work is not satisfactory to said Municipality, said Municipality may.restore said sidewalk, parkway or pavement to said prior condition, the expense of which work shall be paid by said Grantee, provided such expense is consistent with competitive costs for similar work in the area. SECTION IV. Said Grantee shall not open or encumber more of any street, sidewalk, alley, avenue, bridge, other public thoroughfare or parkway at any one time than may be reasonably necessary to enable said Grantee to install said pipes, tubing, mains, feeding or service pipes and other devices, apparatus and equipment, nor shall said Grantee permit any said street, sidewalk, alley, avenue, bridge, other public thorough- fare or parkway to remain open or encumbered for a longer period than shall be reasonably necessary to complete the intended work. Said Grantee shall use reasonable care to keep all structures which it shall construct by virtue of this Ordinance, in a safe condition at all times, and shall maintain such barriers and danger signals during the construction, repair or renewal of said structures as reasonably required to avoid damage to life, limb and property. 3- SIiL"1'ION V. Said grantee shall obtain from the Village Engineer a permit in connection with openings to be made in the streets, sidewalks, alleys, avenues, bridges, other public thoroughfares or parkways for maintenance, repair or renewal work or for installation of new pipes, tubing, mains, feeding or service pipes or other devices, apparatus and equipment and said Grantee shall install its pipes, tubing, mains, feeding or service pipes and other devices, apparatus and equipment in such part or parts of said streets, sidewalks, alleys, avenues, bridges, other public thoroughfares or parkways in said Munici- pality as authorized; provided, however, that emergency work may be done without prior permit when necessary to prevent interruption in service or for protection of public safety, and permits therefore shall be obtained as soon as practically convenient thereafter. In addition, said Grantee, prior to the installation of gas mains pursuant to this Ordinance, shall file with said Village Engineer, for his information and use, working drawings of said mains and, if requested, shall file with said Village Engineer, for his information and use, permanent maps of said gas mains, which maps shall be updated annually. SECTION VI. Said Grantee shall hold and keep the said Village harmless from any and all damages to persons or property resulting from acts or omissions of said Grantee, its officers, agents or servants, in the construction and operation of said work. SECTION VII. Grantee shall, at its sole.cost and expense, insure against the liabilities assumed under Section VI herein by maintaining general public liability insurance, including contractual liability coverage, against claims for personal injury, death or property damage arising within the territory for which this Ordinance is granted, such insurance to afford excess protection in the amount of One Million Dollars ($1,000,000) beyond the usual and customary deduct- ible amounts for a public utility as provided in such insurance policies, provided that in no event shall any said deductible amount exceed Two Hundred Fifty Thousand Dollars ($250,000). All policies shall be written - 4 - in companies customarily used by public utilities for said purposes and certificate(s) therefore shall be delivered to said Municipality not less than ten (10) days prior to the expiration of any then current policy. SECTION VIII. All provisions of this Ordinance which are obligatory upon, or which inure to the benefit of, said North Shore Gas Company shall also be obligatory upon, and shall inure to the benefit 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 North Shore Gas Company, but also each and all of said successors and assigns. All provisions of this Ordinance which are obligatory upon, or which inure to the benefit of said Village of Buffalo Grove, shall also be obligatory upon, and shall inure to the benefit of, any and all successors and assigns of said municipal corporation, and the word "Municipality ", wherever appearing in this Ordinance, shall include, and shall be taken to mean, not only said Village of Buffalo Grove, but also each and all of said successors and assigns. SECTION IX. This Ordinance, if accepted by said Grantee as hereinafter provided, shall be in full force and effect on and after its passage and acceptance thereof by said Grantee, and after delivery of the certificate(s) of insurance hereinabove required, 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 said Grantee, to construct, operate and maintain any system for the production, distribution and sale of gas for fuel, heating, processing and other purposes within said Municipality. Within thirty (30) days after the approval of this Ordinance, said Grantee shall file with said Munici- pality, acceptance in writing of all of the terms and provisions hereof. SECTION X. All Ordinances heretofore passed which conflict with this Ordinance he, and the same are hereby repealed. PASSED BY Tini. 1p I -5- PIU:SIDI:mr AND I30AI:D OF TRUSTERS OF 1l W- VILLAGE OF BUFFALO GROVE, ILLINOIS, THIS 20th DAY OF February A.D., 1979. AYES: 6 - Rech, Bogart, Marlenthal, Stone, Mendenhall, Kandel NAYES: 0 - None ABSENT: " ATTEST: APPROVED: February 2 1979 c I F J eve } ±yµ O ly W�rw I 1 �S. R l� III R + I II g• I I Q - "FALO r JCL\ I 4 '.pI.OVE rn Aw. 9 P CireH r '1 .r • IWp HMI ' a, L _ � o nH I p8 Aayn Rd. N am JL it It a u -,l -- ARLINGTON OOLf CLUB RJmw I I -i! • Ap.kitl S.A. . -N_►G VERNON TOWNSHIP ---� —_ WHEELING TOWNSHIP r- UI EV =Lp Z N I� a a r r EI! I EVY CHASE _ UNTRTCLUB - 1 WHEELING a .Plwd ddl P•rI N �I�LJ'�' q " k i Y