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HomeMy WebLinkAboutS-598 Ordinance No. S-598 AN ORDINANCE GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCESSORS AND ASSIGNS, 'CERTAIN RIGHTS IN THE CITY OF ELGIN, KANE AND COOK COUNTIES., ILLINOIS • BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Illinois Bell Telephone Company, its lessees, successors, and assigns,are hereby granted the right to construct, erect, renew; maintain and operate in, upon, along, across, 'under and over the streets, alleys and public ways of the said City of Elgin (hereinafter for convenience called the Municipality), lines of poles, anchors, wires, cables, conduits, vaults, laterals and other fixtures and equipment, and to use the same.for the transmission of sounds and signals by means of electricity, and especially for the conduct of a general tel- ephone business. Section 2. The location and height above or the depth below the public thor- oughfares of the.. existing .linesof..poles,. anchors, wires, cables, conduits, vaults, laterals 'and other fixtures-.and._equipieot of said Company within the Municipality are hereby approved, and the same shall be maintained and operated' under and sub- ject to the provisions of this ordinance. ' .Any'change in or extension of any of said poles, anchors, wires, cables, conduits, vaults, laterals or other fixtures and equipment (herein referred to aa' "structures"), or the construction of any additional structures,' in, upon., along, across, under or over the streets, alleys, and public ways of. the Municipality shall be made under the direction of the . Commissioner of Streets and Public Improvements of the Municipality, or' such • officer as may be designated from time to time by the governing- body of the Munici- pality for that. purpose; who* shall, if the proposed change, extension or construction conforms to the provisions hereof, issue written permits therefor. - The height above public thoroughfares of all aerial wires and cables hereafter constructed shall conform to the requirements 'of the Illinois Commerce Commission or other regulatory body having jurisdiction thereof. All structures hereafter installed shall be so placed,. and 'all work in connection with such installation shall be so performed as not to interfere unreasonably with ordinary travel on the highways of .the Municipality or=with any municipal water or sewer pipes then in place, and in case-of bringing to grade'or change of. grade, or change of width of any street or alley,said-.company, provided-it-ie uotif ied-thereof--in-writing--at—least---thirty - - (30) days prior .to theCommatncemestt.:thereof,- shall change its structures so as to conform thereto, except where suchchange of grade or the width of any street or alley is made .in connection'with the-rearrangement, separation or alteration of railroad crossings .or'is_ incident ':to any such rearrangement, . separation or altera- tion. The tops. of all vaults constructed .by said company within the Municipality .shall present an even surface.with, the pavement at the point where laid, and, sub- ject to the exception '.contained in the last- preceding sentence, shall be lowered or .raised by said Company' to"conform to the top of paving or improvement as re- quired by the governing body of the Municipality whenever the grade of the street or alley' in which. any such vault is located may be at' any time hereafter lowered or raised. Section 3. Said Company,. after doing any excavating, shall leave the surface of the ground in a neatly graded condition. All sidewalks, parkways or pavements disturbed by said Company shall :be restored by it to as good condition as before said sidewalk, parkway: or pavement was disturbed by it, and in the event .that any such sidewalk, parkway or pavement 0e11 become uneven, unsettled, or otherwise requires repairing, because of-such disturbance by the Company, as soon as climatic conditions will permit,' shall., pros;ptly, upon receipt of notice from the munici- pality so to do, cause such sidewalk, parkway or pavement to be repaired or restored to as good condition as before said sidewalk, parkway or pavement was disturbed by 2. said Company. Said Company shall keep all structures which it shall construct by virtue of this ordinance, in a reasonably safe condition at all times, and shall maintain such barriers and danger signals during the construction, repair or renewal work performed hereunder as will reasonably avoid damage to life, limb, and property. :4T4. Section 4. The said company shall, at its own expense, defend all suits that may be brought against the Municipality on account of or in connection with the violation by the Company of any of the obligations hereby imposed upon or assumed by it, or by reason of or in connection with any damage to life, limb or property as a result of any of the strustures constructed by it under or by virtue of this ordinance, and shall save and keep harmless the Municipality from any and all damages, judgments, costs and expenses of everykind, that may arise'by reason thereof; provided, that notice in writing shall be immediately given to said Company of any claim or suit against the Municipality which, 'by the terms hereof, the said Company shall be oblig- ated to defend, or against which the Company has hereby agreed to save and keep harmless the Municipality and provided further that the Municipality shall furnish to said Company all information in its possession relating to said claim or suit, and cooperate with said. Company in the defense of said claim or suit. The governing body of the Municipality may, if it so desires, assist in defending any such claim or suit; but solely under the direction.,of the., Company or. its attorneys, and the Company shall not be required to reimburse the Municipality for expenses incurred by it in case of the election to soassist. - Section 5. In consideration of the foregoing grant, while said Company is using any pole or poles erected or maintained hereunder, .it will permit the Municipality the use of sufficient space for carrying the Municipality's police and fire alarm signal wires by means of one crossarm to. be placed, in accordance with the Company's specifi- cations, by the Municipality at its expense, at the top of the space available for the use. of the Company on any of said poles, it-.being understood that the poles upon which M1 .,, space is permitted the Municipality .shall -be considered .for the purpose of this agree- went, as personal property; provided that such wires shall be so placed and maintained by the Municipality that the use of the same will not interfere with the operation and maintenance of the Company' s ,equipment omits use of said poles, and provided further that a thirty (30) ;inr-h climbing space shall be maintained between the pole pins on poles jointly used with another. 'public utility. . All such police and' fire alarm signal wires shall be attached .and maintained .under. the direction and supervision of said --Company's authorized representatives, and -only_'upon the following conditions: No such _- - --=police-and_f.ire .alarm_signal_.wires__eha1Z be__attached_to_any. of said poles of said Company if such wires shall-carry a voltage of more than'-four hundred (400) volts, nor if the transmitted power exceeds one..hundred fifty (150) watts, nor 'if, in any part of the circuit of such wire, :it is. supported.upon a pole on which-there is any wire carrying a constant potential .alternating Current exceeding five thousand (5,000)' volts between conductors, or twenty-five .hundred (2,500) 'volts normally to ground, or a constant potential direct current exceeding seven hundred._ fifty -(750) volts to ground, or a 'constant current series arc or'incandescent light circuit, carrying in excess of seven and.five-tenths (7:5) amperes... In case any such police and fire alarm signal wire in any part of its circuit is supported Upon .a pole on which there is any wire used for the supply of electrical energy for'lighting, heating or power purposes, - carrying a constant potential alternating current'offive thousand (5,000) volts or less between conductors, or twenty-five hundred (2,500) volts or less normally to . ground, or a direct current circuit of seven .hundred.fifty (750) volts or less to ground, or a constant current series arc or: incandescent light circuit carrying seven and five-tenths (7.5) amperes or less., .then such police or fire alarm signal wire shall beLattached to such pole at a point not less than four (4) feet below such wire used for the supply of electrical energy. . .The Municipality shall, at its own expense, defend all claims, demands or suits on .account of any injury to life, limb or property that may result by reason of or in connection -with the presence, use, maintenance, erection or removal of the_ Munic_ipality's police and fire alarm signal wires and their appurtenances pursuant hereto, and hereby agrees to save and keep harmless said Company from any and all damages, judgments, costs and expenses of any kind which may arise by reason thereof. Section 6. So long as said Company exercises and enjoys the rights granted to it hereunder, it will furnish to the Municipality, free of charge, seventy-five (75) individual line business telephones for business of the Municipality only. Said telephones shall be installed in such places within the Municipality as the governing body thereof shall from time to time direct by resolution. Application thereof shall be made by the Municipality on the Company' s usual form. The Company, without charge and when directed by resolution of the governing body of the Municip- ality, shall change the location of any of said telephones, provided that not more than one such change of location in any one year of any telephone furnished hereunder shall be made by said Company without expense to the Municipality. In lieu of all or some of said individual linebusiness telephones, the governing body of the Municipality may elect, by resolution, to have any other local flat rate business exchange service or facilities from time to time offered by the Company to its subscribers in the telephone exchange in which the Municipality is located, to the extent that the aggregate value of all telephone service and facilities so furnished hereunder, based upon the Company' s lawful charges from time to time in effect therefor to said subscribers, does not exceed the value, on the same basis, of said individual line business telephones, "Local flat rate exchange service", as used in this section, shall not be construed to include any extended area service avail- able to subscribers under an optional schedule. No liability shall attach to the Company with respect to the furnishing of said service or facilities, or on account of any failure or interruption .of said service or facilities, except that the Comp, any will restore such service. and facilities promptly upon receipt of notice of such interruption or. failure. Section 7. The Company after. five (5) days' written notice from the govern- ing body of the Municipality to do so, shall remove or raise or lower its structures temporarily to permit the moving of a building or any other object along a highway, provided the benefited party or parties shall agree to pay the Company an amount equal to the actual cost of effecting such temporary changes in its structures; and provided further that, pending the determination of such actual cost, the benefited party or parties shall have deposited with the Company an amount equal to the cost as estimated by the Company. Should any amount. of such deposit remain unexpended, after deducting the actual cost involved, . said amount shall be returned to the party making the deposit. - - - Section 8. -In-case-said-Company-shall-fail-or-neglect to _comply -with_.any_or all of the provisions of this ordinance (unless by order of the Illinois Commerce Commission or of any other body, board, commission or court of competent jurisdic- tion, said Company is otherwise directed, or unless the compliance by said Company with such provision is prohibited or adjudged unlawful by an order of the Illinois Commerce Commission or by an order of any other body, board, commission or court of competent jurisdiction) , the Municipality reserves the right to repeal this ordinance or rescind this contract, and forfeit the rights hereby created or sought to be created, provided that no such repeal, rescission--or forfeiture shall exist- or be claimed because of such failure or neglect, until written notice of such failure or neglect so claimed shall have been given to said Company, and a masonable opportun- ity afforded it to comply with the provisions hereof or to prove that such compli- ance already exists. In the event that said Illinois Commerce Commission or any other body, board, commission or court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or .illegal, or direct a change by the Comp- any in any matter or thing herein contained, such invalidity or illegality or change shall in no way affect the remaining provisions of this ordinance, or their validity or legality, and this ordinance in all other respects shall continue in full force and effect, as if said provision or provisions had not been so adjudged invalid or illegal or such change directed. 4. Section 9. All grants, franchises, rights, licenses and privileges heretofore made or granted by the Municipality by ordinance or otherwise to said Company and all rights of said Company under grants, franchises, rights, licenses and privileges made by the Municipality to others from which said Company may have purchased any part of its poles, lines, equipment or plant, are hereby revoked and repealed, it being the intention that this ordinance shall contain all grants, franchises, rights, licenses and privileges of said Company, and all obligations of said Company in connection therewith. Section 10. Wherever the word "Company" or the words "Illinois Bell Telephone Company" are used in this ordinance, they shall be construed to mean the Illinois Bell Telephone Company, its lessees, successors and assigns, and this ordinance shall be binding upon and inureto the benefit of the said Company, its lessees, successors and assigns. Section 11. This ordinance shall be in full force and effect thirty (30) days from the time of its passage by the Council of the Municipality and upon the filing with the Clerk thereof, by the Illinois Bell Telephone Company, of its written and unconditional acceptance of all the provisions of this ordinance, executed by its proper officers thereunto duly authorized, under the corporate seal of said Company, and attested by its Secretary or Assistant Secretary; provided, however, that if within thirty (30) days of the date of the passage of this ordinance by the Council of the Municipality there be filed a petition, signed by the electors of said Municipality equal in number to at least ten percentum of the entire vote cast for all candidates for Mayor at the last election in which such officer was voted for, protesting against the passage of said ordinance, the effective date of this ordinance shall be suspended until such time as the question of the adoption of this ordinance shall be submitted to the electors of the Municipality at a general or special election, called for that purpose, and until a majority of the qualified electors voting on the adoption of this ordinance shall vote in favor thereof. Presented: September 12, 1957. Passed: September 26, 1957 Vote: Yeas 4 . Nays 0 Recorded: September 26, 1957 Published: September 26, 1957 Orlo E. Salisbury, Mayor Attest: ------- ---- --Myrtle E. Spiegler, City Clerk — — — — — —