HomeMy WebLinkAboutORDINANCES-1984-137-O-84•
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+ 137-0-84
AN ORDINANCE
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Granting to the Illinois Bell Telephone Company
Its Lessees, Successors and Assigns, Certain Rights
in the City of Evanston, Cook County, Illinois
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Copy Three
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j; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK
COUNTY, ILLINOIS:
SECTION 1: That the City Manager is hereby authorized and directed
to sign, and the City Clerk is hereby authorized and
directed to attest on behalf of the City of Evanston an agreement with
! Illinois Bell Telephone Company on terms in substantial conformance with
Exhibit A attached hereto.
SECTION 2: The City Manager is hereby authorized to negotiate any
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additional conditions on the agreement as may be
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determined to be in the best interests of the City.
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SECTION 3: All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 4: This ordinance shall be in full force and effect from
and after its passage, approval, and publication in the
'imanner provided by law.
Introduced: !-.-3 1984
Adopted: �c.�ti / 7 1984
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• , ;ATTES,T: >>
pity Cler
Approved as to form:
Corporation (60;nself
Approved:-h&."O'
2
, 1984
AGREEMENT
SECTION 1: That the ILLINOIS BELL TELEPHONE COMPANY, (hereinafter
called the "Company"), its lessees, successors and assigns, are hereby granted
,,the right to construct, erect, renew, maintain and operate in, upon, along,
iiacross, under and over the streets, alleys and public ways of the CITY OF
;EVANSTON (hereinafter called the "Municipality"), lines of poles, anchors,
!wires, cables, conduits, vaults, laterals and other fixtures and equipment,.
• and tc use the same for the transmission of sounds and signals by.means of
electricity, and especially for the conduct of a.general telephone business.
SECTION 2: The location and height above or the depth below the
public thoroughfares of the existing lines of poles, anchors, wires, cables,
;conduits, vaults, laterals and other fixtures and equipment of the Company
iwithi'n the Municipality are hereby approved, and the same shall be maintained
land operated under and subject 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 as
"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 Director of Public Works
of the Municipality, or such other officer as may be designated from time to
time by the governing body of the Municipality 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, the Company, provided it is notified thereof in
writing at least thrity (30) days prior to the commencement thereof, shall
change its structures so as to conform thereto, except where such change of
grade.or width of any street or alley is made in connection with the • rearrange-
ment, separation or.alteration of railroad crossings or is incident to any
such rearrangement, separation or alteration. The tops of all vaults con-
structed by the Company within the Municipality shall present an even surface
with the pavement at the point where laid, and, subject to the exception con-
tained in the last.preceding sentence, shall be lowered or raised by the
Company to conform to the top of paving or improvement as required 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.
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SECTION 3: The Company, after doing any excavating, shall leave the.
surface of the ground in a neatly graded condition. All sidewalks, parkways
or pavements disturbed by the 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 shall become
uneven, unsettled, or otherwise requires repairing, because of such disturbance
by the Company, then.the Company, as soon as climatic conditions will permit,
shall, promptly, upon receipt of notice from the Municipality 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 the
Company. The 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.
SECTION 4: The Company shall, at its own expense, defend all suits j
that may be brought against the Municipality on account of or in connection
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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 I
life, limb or property as a result of any of the structures constructed by it
under or by virtue of this Agreement, and shall save and keep harmless the
Municipality from any and all damages, judgments, costs and expenses of every
kind, that may arise by reason thereof; provided, that notice in writing shall `
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be immediately given to the Company of any claim or suit against the
Municipality which, by the terms hereof, the Company shall be obligated to
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defend, or against which the Company has hereby agreed to save and keep i
the Municipality and provided further that the Municipality shall I
�harmless
I.furnish
to the Company all .information in its possession relating to said
claim or suit, and cooperate with the 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
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the Municipality for expenses incurred by it in case of the election so to
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assist.
SECTION 5: In consideration of the foregoing grant, while the
Company is using any pole or poles erected or maintained hereunder, it will
permit the Municipality the use of sufficient space for carrying the I
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Municipality's police and fire alarm signal wires by means of one crossarm
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to be placed, in accordance with the Company's specifications, by the
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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 space is permitted the Municipality shall be considered, for the purpose
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this agreement, as personal property; provided that such wires shall be so
placed and maintained by the Municipality that the use of the same will not
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interfere with the operation and maintenance of the Company's equipment or its;
use of said poles, and provided further that a thirty (30) inch climbing space)
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be maintained between the pole pins on poles jointly used with another
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public utility. All such police and fire alarm signal wires shall be attached
and maintained under tKe-direction and supervision of the Company's.authorized
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representatives and only in compliance with any rules for construction and j
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maintainance of electric power and communication lines as may be ordered by +
the Illinois Commerce Commission. 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 Municipality's police and fire alarm
signal wires and their appurtenances pursuant hereto-, and hereby agrees to
and keep harml.ess the Company from any and all damages, judgments, costs i
l;save
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and expenses of any kind which may arise by reason thereof.
SECTION 6: So long as the Company exercises and enjoys the rights
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granted to it hereunder,--it-shall pay to the Municipality for each Access
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Line that the Company maintains and operates within the Municipality: $0.256
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per Access Line per month for the calendar year 1984, retroactive to January 11,
1984; $0.288 per Access Line per month for the calendar year 1985; and $0.320;
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per Access Line per month for the calendar year 1986 (hereinafter "Access Line
Value"); provided, however, that the amount paid in such years shall not be
-less
than the payment that the Municipality is entitled to or has received
under a prior Interim Agreement dated December 30, 1983 for the period '
in the be less than
commencing January 1, 1984, nor any event shall payments
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the amounts the Municipality received either in cash or value of services
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rendered for the calendar year 1983. The Company shall make said payments on,
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monthly basis, due the'last day of the succeeding calendar month. "Access
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Line" as used in this Section shall mean "the connecting facility between a
;°'customer's
premise and the Company's serving central office that provides
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customer access to the dial network for placing and receiving calls." ;
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"Within the Municipality" means within the corporate boundaries of the city,
village or incorporated town named in Section 1 of this Agreement as recorded;
with the appropriate county recorder and as provided to the Company.
i Municipality agrees to notify the Company of any ordinances annexing to or I
disconnecting from such corporate boundaries and agrees to provide to the
Company an accurate map of such changes showing, if available, street name
and number detail. !
i The Access Line Values specified in this Section are based upon
aggregate franchise payments by the Company to all Illinois municipalities
;; (except Chicago) within the Company's operating area (hereinafter "Illinois
:iunicipaliti.es") of $8.0 million for the calendar year 1984, $9 million for
the calendar year 1985 and $10 million for the calendar year 1986 (hereinafter
"Agreed Franchise Payments"). If the Company's actual annual franchise
payments to all Illinois Municipalities, whether paid or accrued, differ from
said Agreed Franchise Payments, such difference in amount shall be adjusted
in January of the succeeding year. Such difference in amount shall be divide
by the number of the Company's Access Lines within all Illinois Municipalitie
in such month and then either added to or deducted from the Access Line Value
for said month of January. Thereafter, the Access Line value specified in the
first paragraph of this Section shall be used for each succeeding month in
such calendar year.
Company shall, within forty-five (45) days of the effective date of
this Agreement, make an appropriate adjustment between payments to which
Municipality is entitled under this Agreement and payment that Municipality is
entitled to or has received under a prior Interim Agreement dated December 30,
1983 for the period commencing January 1, 1984..
Company agrees to provide annually, within a reasonable time from
Municipality's request, the names, addresses and number of Access Lines for
each of'its customers within the Municipaltiy, subject to Municipality's
agreement not to disclose said information, which Municipality agrees shall
be used solely for the purposes of verifying the number of Company's Access
Lines within the Municipality. Company further agrees to substantiate, upon
request the contents of such report and all records and other documents
required for such verification shall, upon reasonable advance notice, be
subject to inspection.by the Municipality.
The Company, without charge and when directed by the chief executive
officer of the Municipality, shall move within the same premises the customer
premise wire associated with each Access Line provided to the Municipality by
the Company, provided that not more than one such change of location in any
one year per Access Line shall be made by the Company without expense to the
Municipality. "Customer premise wire" is defined as any wire beginning on the..
customer's side of the network interface or equivalent and ending at the
registration jack or connecting block, exclusive of wiring associated with
key or PBX systems and their serving.terminals or main distribution frames.
The provisions of this Section shall be renegotiated upon 30 days'
written notice from one part to the other at any time on or after June 30,
1986.
SECTION 7: The Company's aerial wires,
shall be placed underground in accordance with the
Agreement, between the Company and the City, dated
which is incorporated by reference herein.
cable and other fixtures
terms of the L tter
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SECTION 8: The Company after five (5) days' written notice from
the governing body of the Municipality to do so, shall remove or raise or
Mower 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 9: In case the'Company shall fail or neglect to comply
1,1.with any or all of the provisions of this Agreement (unless by order of the
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Illinois Commerce Commission or of any other body, board, commission or court
competent jurisdiction, the -Company is otherwise directed, or unless
1compliance by the Company with such provision is prohibited or adjudged
�1 unlawful by an order of the Illinois Commerce Commission or by an order of
+any other body, board, commission oar court of competent jurisdiction), the
Municipality reserves the right to repeal this Agreement 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 the Company, and a
1 reasonable opportunity afforded it to comply with the provisions hereof or
to prove that such compliance already exists. In the event that the Illinois
Commerce Commission or any other body, board, commission or court of competent
1jurisdiction shall adjudge -any provision or provisions hereof invalid or
11legal, or direct a change by the Company in any matter or thing .herein
;contained, such invalidity or illegality or change shall in no way affect the
remaining provisions of this Agreement or their validity or legality, and
!this Agreement 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.
SECTION 10: So long as the Company exercises the rights granted to
it hereunder and so long as the Municipality shall receive the considerations
therefore as recited a Sections 5 and 6 hereof, the Municipality will not, by
,ordinance or otherwise, vacate any street, alley or public way in which the
Company has its structures installed without reserving the easement rights of
the Company in and to the street, alley or public way to be vacated.
SECTION 11: All grants, franchises, rights, licenses and privileges
heretofore made or granted by the Municipality by ordinance or otherwise to
the Company and all rights of the Company under grants, franchises, rights,
licenses and privileges made by the Municipality to others from which the
Company may have purchased any part of its poles, lines, equipment or plant,
are hereby revoked and repealed, it being the intention that this Agreement
shall contain all grants, franchises, rights, permits, licenses and privileges
of the Company, and all obligations of the Company in connection therewith.
SECTION 12: Whenever 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 lessors, successors and
assigns, and this ordinance shall be binding upon and inure to the benefit
of the Company, its lessees, successors and assigns.
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SECTION 13: This Agreement shall be in full force upon receipt,
! by the Clerk of the Municipality, of the Company's written and unconditional
?� acceptance of all of the provisions of this ordinance and Agreement executed
!! by its proper officers thereunto duly authorized`, under the corporate seal
j' of the Company, and attested by its Secretary, or Assistant Secretary.
SECTION 14: The term of this Agreement shall be for the period of
! three (3) years beginning January 1, 1984, and extended to December 31, 1986,
and thereafter until terminated by sixty (60) days written notice, either by
• !; the Municipality to the Company, or by the Company to the Municipality.
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ATTEST:
City Clerk
CITY OF EVANSTON
By: / �t
o.W M. Asproo h, City Manager
Date: lz— A)-0 y
STATE OF ILLINOIS )
COUNTY OF COOK ) SS
CITY OF EVANSTON )
. I , -.-� n,�e_ ra. Cz). 67-�-vss Ci ty Cl erk of the Ci ty of
Evanston, Cook County, Illinois, do hereby certify that I am the keeper of
the ordinances of said Municipality; and that the above and foregoing is a
true, correct and complete copy of Ordinance Number 137-0-84 passed by the
City Council of said Municipality on the /7 day of /)ece^6b ee—
A.D. 1984, and approved by the Mayor thereof on the ao
day of 1984, as appears from the records of said
Municpality.
IN WITNESS WHEREOF, I have hereunto set my hand as City Clerk of
said Municipality and have hereunto affixed the seal thereof this 1 c3� day of �.la v..c_ �: 1985'.
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City Clerk
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Richard P. Rahn
District Manager
Mr. Joel M. Asprooth
City Manager
is City of Evanston
2100 Ridge Avenue
Evanston, Illinois
Dear Mr. Asprooth:
1200 N. Arlington Heights Road
Arlington Heights, Illinois 60004
(312) 870.5860
In consideration of the City of Evanston's agreement to the terms
of the amendatory franchise ordinance proposed by Illinois Bell, I have
been authorized by the management of Illinois Bell to make the following
commitments to the City of Evanston. Consistent with its "General Joint
Agreement" with Commonwealth Edison Company, dated April 16, 1975,
Illinois Bell will bury its telephone wire and cable concurrently and on
a joint basis with Commonwealth Edison Company within the City of
Evanston, subject to the following exceptions:
1. When joint construction would be contrary to the rules,
regulations or orders of the Illinois Commerce Commission or
any other regulatory body, board, commission or court of
competent jurisdiction.
2. When joint construction would be inconsistent or contrary to
the provisions of the "General Joint Agreement" between
Illinois Bell and Commonwealth Edison.
3. When joint construction would-be inconsistent with the safe,
efficient and reliable provision of telecommunications
services to the residents of Evanston.
4. When good engineering judgment favors the continuation of
existing aerial wire or cable. Considerations here would be
such items as uncertain growth rate, possible recentering,
proposed construction plans for buried cable or conduit, near
future roadway improvement, and clarification of public or
private development plans for the area involved. If the City
disagrees with Illinois Bell's engineering judgment, both
parties agree to review the matter and attempt to reach mutual
agreement. If after reasonable discussions the parties cannot
agree, the City may submit the matter to the Illinois Commerce
Commission.
Mr. Joel M. Asprooth
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Agreed and Accepted
as of December 12, 1984
CITY OF EVANSTON
By �.
JoewM. Asp th
City Manager
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ILLINOIS BELL TELEPHONE COMPANY
By 4r
Rirhar a n
District Manager
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(Date)
City of Evanston and the
Mayor and City Council thereof
Evanston, Illinois
Gentlemen:
On behalf of the ILLINOIS BELL TELEPHONE COMPANY, 1 am happy to
accept unconditionally the provisions of Ordinance Number 137-0-84 and the
Agreement attached thereto entitled "Granting to the.Illinois Bell Telephone
Company, Its Lessees, Successors and Assigns, Certain Rights in the City of
Evanston, Cook County, Illinois".
This ordinance was passed by the City Council of the City of
Evanston on December 17, 1984 , and approved by the Mayor
thereof on Vft*NWk:0AkK December 20, 1984 e '
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We sincerely appreciate your help in working out the arrangement.
Yours very truly,
ILLINOIS BELL TELEPHONE COMPANY
Fob µ�R By:
� V�.c President
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Dated as of: December 21, 1984
ATTEST:
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ASSISTANT WRET 51
STATE OF ILLINOIS )
COUNTY OF COOK ) SS
CITY OF EVANSTON )
City Clerk of the City of
Evanston, Cook CoLinty, Illinois, do hereby certify that I am the keeper of
the records, papers, entries, documents and ordinances of said City, and that
the obove and foregoing is a true, cor �t and com lete co* of a certain
document filed in my office on the �i' day of �%% , A.D. 1985
��, IN WITNESS WHEREOF, I have hereunto set my hand as City C rk of
said, y� and ave hereunto affixed Dth seal of said City this day
1,.,
?; City Clerk
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