CHAPTER 16

 

FRANCHISES

ARTICLE I – ELECTRIC FRANCHISE

 

 

16‑1‑1           FRANCHISE GRANTED.  There is hereby given and granted to Central Illinois Public Service Company, its successors and assigns, hereinafter referred to as “Grantee”, the right, privilege and authority to construct, operate, maintain and extend within the corporate limits, as the same now exist or may hereafter be extended, of the Village of Noble hereafter referred to as “Municipality”, an electric utility system for the transmission, distribution and sale of electric energy, together with the right, privilege and authority to lay, install, operate and maintain all necessary poles, conductors, wires, conduits and apparatus in, along, over, under and across the streets, avenues, alleys and pubic places.

 

 

          16-1-2           LOCATION OF POLES AND EQUIPMENT.  All poles and other equipment placed or installed under this Chapter in streets, alleys, avenues and other public places, shall be so placed as not to interfere unnecessarily with travel on such streets, alleys, avenues and other public places.  All poles and other equipment placed or installed under this Chapter shall be so located as not to injure unnecessarily any pipes, conduits, sewers, drains or other like public improvements, and said Grantee shall forthwith repair any damage caused to such improvements to the satisfaction of the official or officials of said Municipality having charge of the supervision thereof and in default thereof said Municipality may repair such damage and charge the cost thereof to, and collect the same from, the Grantee.

 

 

            16‑1‑3           MUNICIPAL USE OF POLES.  As a consideration for the rights, privileges and authorities granted by this Chapter the Grantee shall allow the Municipality, without paying other compensation therefor, to place one crossarm on poles erected under this Chapter and string thereon such wires as the Municipality may require for its police and fire alarm system; provided, that said crossarms and wires shall be used for such purpose only and shall be so placed and maintained by said Municipality, under the direction of said Grantee, as not to interfere with the operation or maintenance of Grantee’s said system for the distribution and sale of electric energy; and, provided, further, that the Municipality shall indemnify and hold harmless the said Grantee from any and all loss and damage that may be caused by the exercise of the right given the Municipality under this Section.

 

 

          16-1-4           ELECTRIC TO VILLAGE FREE.  As a further consideration for the rights, privileges and authorities granted by this Chapter, the Grantee shall, throughout the period in which Grantee shall exercise the rights, privileges and authority granted by this Chapter, furnish to the said Municipality, annually, free of cost, electric energy required for the operation of any rooms, buildings, municipal bandstand or baseball field actually used by said Municipality for municipal purposes to an amount not exceeding 5,000 kilowatt hours.  The cost of said rooms, buildings, municipal bandstand or baseball field shall be borne by said Municipality.  If said Municipality shall, for the purpose of operating said rooms, buildings, municipal bandstand or baseball field require in any year electric energy in excess of said
quantity to be furnished free of cost, then and in that case Municipality shall pay for such excess in accordance with Grantee’s applicable rates, terms and conditions as from time to time approved by the Illinois Commerce Commission, such rates, terms and conditions being, respectively, at the present time, Rate 10, set forth in Grantee’s Electric Service Schedule Ill. C. C. No. 9B, Section One.  Neither the acceptance by the Grantee of this Chapter nor anything contained herein shall limit or abridge any right or remedy the Grantee has or would have, if this Chapter were not in effect, to change, modify or supersede any of the rates, terms and conditions which now are or hereafter may be applicable to any service to be rendered by the Grantee to the Municipality under this Chapter.  The application of the Grantee’s rates, terms and conditions, as from time to time approved or permitted to become effective by the Illinois Commerce Commission to the service to be rendered Municipality hereunder, shall in no wise be affected by the existence of this Chapter.

 

 

          16-1-5           MUNICIPAL INSPECTION OF CONSTRUCTION.  All poles and other equipment placed or installed by Grantee along streets, avenues, alleys and public places under this Chapter shall, insofar as practicable, be installed under the direction of the official or officials of said Municipality having charge of the supervision thereof; and the Grantee shall, in constructing, maintaining and operating poles and other equipment, save and keep harmless the said Municipality from any loss or damage to life or property occasioned by reason thereof.

 

 

            16-1-6           RATE APPROVAL.  The charges to be made by the Grantee for public service rendered by it under this Chapter shall be such as are approved from time to time by the Illinois Commerce Commission of the State of Illinois or such other duly constituted governmental authority as shall have jurisdiction thereof.

 

 

            16-1-7           REGULATIONS APPLICABLE TO SUCCESSOR.  All provisions of this Chapter which are obligatory upon and which inure to the benefit of said Grantee shall also be obligatory upon and shall inure to the benefit of Grantee’s successors or assigns, and the word “Grantee” whenever used in this Chapter shall mean and include not only the Central Illinois Public Service Company, but also its successors and assigns.

 

 

            16-1-8           LENGTH OF AGREEMENT.  All rights, privileges and authority granted by this Chapter shall, upon its acceptance by Grantee in the manner hereinafter provided, be and remain in full force and effect for and during the term of thirty-five (35) years from and after its passage and approval.

          The Village has the option of renewing this electric franchise code, with Central Illinois Public Service Company, upon the expiration date for an additional thirty-five (35) year term.

 

 

            16-1-9           OFFICIAL ACCEPTANCE.  No right, privilege or authority given or granted by this Chapter shall become effective until there shall have been filed with the Village Clerk of said Municipality the written acceptance of said ordinance by the Central Illinois Public
Service Company.  Such acceptance shall be so filed within forty-five (45) days from the passage of this Chapter and when so filed, shall, together with operation by the Grantee, or its successors or assigns, under the terms of said code, constitute full consideration for the rights, privileges and authority hereby granted.

 

(Ord. No. 92-520; 06-08-92)


ARTICLE II – GAS FRANCHISE

 

 

16‑2‑1           FRANCHISE GRANTED.  The Village of Noble, Illinois hereby grants unto Illinois Gas Company, an Illinois Corporation, its successors or assigns, a Franchise for a period of fifty (50) years from and after the date of the acceptance of this Article by Illinois Gas Company officers to reconstruct, maintain and operate within said City a distribution system with all appurtenances, pipes, machinery, tanks and appliances necessary or useful thereto for the distribution of natural for the purpose of selling, distributing and supplying gas to said Village and the inhabitants thereof together with the right to use and occupy the streets, alleys and other public places of said Village as now or hereafter laid out with its gas mains, pipe lines, distributing lines and other appurtenances and appliances necessary or useful for the purpose of maintaining and operating such gas distribution system within said Village, and the right of selling, distribution and supplying said Village and the inhabitants thereof with gas for heat, air conditioning, water heating, fuel, power, cooking, refrigeration, gaslights and all other purposes, subject to the provisions of this Article provided that the rights granted hereunder shall not extend to any streets, alleys, or other public places over which the Village has no jurisdiction, nor to any territory, political subdivision or person outside of such Village over which said Village has no jurisdiction.  This provision shall not bar the grantee herein from selling or distributing gas to persons outside of the corporate limits of said Village so far as the Village has power under this Article to grant such right.

 

 

          16-2-2           CONSTRUCTION OF SYSTEM.  Grantee shall construct, maintain and operate a modern and adequate natural gas system, or pipe line or other source of supply of gas or any of the same for the furnishing, sale and distribution of gas in said Village and Grantee shall from time to time make such additions and extensions as may be required to furnish adequate service within said Village to said Village and its inhabitants.

 

 

            16‑2‑3           EXCAVATIONS PERMITTED.  The Grantee is hereby authorized to make all necessary excavations in the streets, alleys and other public places necessary in said Village, but the same shall be done with the least possible interference with or inconvenience to the public, individual, or public or private property, and the Grantee shall in all cases restore all streets, alleys, and public places, and all pavements and excavations to nearly as possible their original condition, and in laying mains and pipes or making any excavation or restoring same to original condition the Grantee shall conform to all reasonable regulations prescribed or to be prescribed by the Village to prevent injury either permanent or temporary to all pavements, streets, alleys, public places and property either public or private, and Grantee shall use the greatest care and diligence to not unnecessarily injure or change any pavement, street, water pipe, drains, sewers or other property of said Village or of any private person, and in case of necessary change, same shall be done at the expense of the Grantee and subject to the reasonable regulations as above stated in this Section.

 

 

          16-2-4           LIABILITY FOR DAMAGES.  The rights herein conferred are contingent upon the fact that the Grantee shall be liable for all damages caused by the negligence or mismanagement of the Grantee, its agents or employees in the reconstruction, maintenance,
and operation of said natural gas system, and the Grantee hereby covenants that it will defend both for itself and the Village without cost to the Village any suit that may be brought growing out of negligence or mismanagement of itself, its agents or employee in connection with the construction, maintenance or operation of said natural gas system, and it shall and will protect said Village from any and all liability therefrom, and failure so to do shall make this grant null and void.

 

 

          16-2-5           ADEQUATE GAS SUPPLY.  Grantee agrees to supply to the Village and its inhabitants an adequate supply of natural gas under such pressure and conditions as may be required under such rules and regulations as may be established by the Grantee, subject at all times to the approval of the Illinois Commerce Commission or any other governmental body given the requisite power and authority by law.

 

 

            16-2-6           RATES CHARGED.  The rates to be charged for gas and gas service by the Grantee shall be the same as charged in Olney and Claremont and such as may be fixed from time to time by the Illinois Commerce Commission or such other governmental body as may be given that power by law.

 

 

            16-2-7           FRANCHISE SPECIFIED.  The term Grantee as used herein shall be taken to mean Illinois Gas Company and its successors or assigns.

 

 

            16-2-8           CONSTRUCTION OF STRUCTURES ON VILLAGE PROPERTY.  It is understood that Grantee shall not erect any plant or building of any kind in any public park in said Village or in any property owned by the Village without first obtaining the written consent of the Village Board and incorporated in the minutes thereof.  (See Zoning Code)

 

 

            16-2-9           TIME PARAMETERS FOR COMPLETION.  It is understood that Grantee is now entitled by this franchise agreement to continue to provide natural gas service to the Village of Noble and its inhabitants for a period of fifty (50) years from the date of this agreement.

 

(Ord. No. 2015-681; 06-08-15)