[Adopted 8-3-1993 by Ord. No. 3594 (Art.
IV, Ch. III, Section IV, of the 1993 Code)]
The right, permission and authority be and the
same are hereby granted to Commonwealth Edison Company, an Illinois
corporation, its successors and assigns, (hereinafter referred to
as the "Grantee"), to construct, operate and maintain in and through
the City of Crystal Lake (hereinafter referred to as the "Municipality"),
in the County of McHenry, and State of Illinois, for a term of 50
years, a system for the production, transmission, distribution and
sale of electricity for lighting, heating, power and other purposes
within and outside the corporate limits of the Municipality, and to
construct, operate and maintain all such poles, wires, conduits and
other apparatus and equipment as may be necessary or convenient for
such system in, upon, along, over, across, above and under each and
all of the streets, alleys, avenues and other public places in the
Municipality, subject to the conditions and regulations hereinafter
set forth.
A. All poles and wires erected hereunder shall be placed
in alleys wherever practicable so to do, and shall be so placed, whether
on streets, alleys, avenues or other public places, as not to interfere
unnecessarily with travel on such streets, alleys, avenues and other
public places, and shall be erected under the supervision of the Committee
on Streets and Alleys of the Municipality, or such other duly authorized
agent as the City Council of the Municipality may from time to time
designate. All poles erected under this ordinance shall be not less
than 25 feet in height, and shall be so located as not in injure unnecessarily
any drains, sewers, catch basins, water pipes, pavements, or other
like public improvements, but should any drain, sewer, catch basin,
water pipe, pavement or other like public improvement be injured by
such location, the Grantee shall forthwith repair the damage caused
by such injury to the satisfaction of the Committee on Streets and
Alleys of the Municipality, or such other duly authorized agent, and
in default thereof the Municipality may repair such damage and charge
the cost thereof to, and collect the same from, the Grantee.
B. Said Committee on Streets and Alleys, or such other
duly authorized agent, of the Municipality, is hereby authorized and
directed to call upon the Grantee to, and the Grantee may of its own
accord, cause the trees growing upon or overhanging all of the streets,
alleys, avenues and other public places in the Municipality upon which
electric light or power lines are erected hereunder to be trimmed
from time to time in such a manner that there shall be a proper clearance
between the nearest wires on said lines and any portion of the trees.
Said trees shall be so trimmed that none of the branches, twigs or
leaves of said trees shall come in contact with or in anywise interfere
with the wires or other equipment upon said lines. Said trees shall
be trimmed under the supervision of said Committee on Streets and
Alleys, or such other duly authorized agent, of the Municipality,
by and at the expense of the Grantee.
C. All abandoned poles shall be removed as soon as the
use thereof is discontinued. All poles shall be set in straight lines
so far as practicable, and all overhead wires, conductors and cables
shall, so far as practicable, be kept at least 18 feet above the level
of the ground.
D. The Municipality shall have the right to the use of
one crossarm on the poles of the Grantee for the police and fire alarm
service wires of the Municipality, provided that any such crossarms
and wires of the Municipality shall be so placed and maintained by
the Municipality, under the direction of the Grantee, as not to interfere
with the wires of said Grantee.
E. 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.
When at any time hereafter any house or building
shall be moved by permission of the Municipality, or its proper officers,
along, across or upon any of the streets, alleys, avenues or other
public places of the Municipality, the Grantee, its successors and
assigns, shall upon receiving written notice from the Municipality
to that effect, and within 24 hours after receiving such written notice,
so cut, remove or adjust its said wires or poles that the same will
in no way interfere with the moving of any such house or building,
provided, however, that such cutting, removing or adjusting of said
wires and poles shall be done at such time of the day or night as
will least interfere with the public use by the Grantee of such wires
and poles for the benefit of the inhabitants of the Municipality and
the successful operation of the Grantee's electric light and power
system. All questions as to the time when any of said wires and poles
shall be so cut, removed or adjusted for the purpose aforesaid shall
be decided by the Municipality, or its proper officers, and such decision
shall be final.
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, and, as an additional security therefor,
the Grantee shall, during the life of this ordinance, keep on file
with the City Clerk of the Municipality a good and sufficient bond
in the penal sum of $5,000 conditioned to protect the indemnify the
Municipality as in this section provided, and said bond shall be subject
to the approval of the City Council of the Municipality and the Municipality
shall have the right from time to time, whenever in the option of
the said City Council the same may be necessary, to require the Grantee
to renew or provide additional or other security on said bond.
After the passage of this ordinance and within
30 days after passage, this ordinance, if accepted, shall be accepted
by the Grantee by its filing with the City 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 hereby by the Grantee,
and the rights and privileges herein granted shall after the expiration
of said period of 30 days, if not so accepted, absolutely cease and
determine, unless said period of time shall be extended by the Municipality
by ordinance duly passed for that purpose and before the expiration
of said period of 30 days.
All provisions of this ordinance which are obligatory
upon, or which inure to the benefit of, said Commonwealth Edison 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 Commonwealth Edison Company, but also each and
all of such successors and assigns.
This ordinance, if accepted by the Grantee as
hereinabove provided, shall be in full force and effect on and after
April 3, 1984, and shall from and after the effective date, supersede,
cancel and be in lieu of any and all other existing or prior grants
of right, permission and authority to said Grantee or any predecessor
companies or assignors of the Grantee, to construct, operate and maintain
any system for the production, transmission, distribution and sale
of electricity for lighting, heating, power and other purposes within
this Municipality.