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HomeMy WebLinkAboutORDINANCES-1973-097-O-73- �IvTMt,1R,�G MUNICIPALITY'S COPY ORDINANCE NUMBER 97-0-73 AN ORDINANCE GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS IN THE • CITY OF EVANSTON, COOK COUNTY, ILLINOIS 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS as follows: SECTION 1. That the ILLINOIS BELL TELEPHONE COMPANY, (hereinafter called the Com- pany), 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 City of Evanston (hereinafter 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 telephone business. SECTION 2. The location and height above or the depth below the public thorough- fares of the existing lines of poles, anchors, wires, cables, conduits, vaults, laterals and other fixtures and equipment of the Company within the Municipality are hereby ap- proved, and the same shall be maintained and 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 Chairman of the Committee on Streets and Alleys of the Municipality,)] or such 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 regula- tory body having jurisdiction thereof. All structures hereafter installed shall be so 0 ced, and all work in connection with such installation shall be so performed as not 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 thirty (30) days prior to the commencement there- of, shall change its structures so as to conform thereto, except where such change 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 alteration. The tops of all vaults constructed by the Company within the Municipality shall present an even surface with the pavement at the point where laid, and, subject to the exception contained 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. 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, park- way 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 side- walk, 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 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 structures constructed by it under or by virtue of this ordinance, .and shall save and keen harmless the Municipality from any and all damages, judgments, costs and expenses o ery kind, that may arise by reason thereof; provided, that notice in writing shall bt tmediately given to the Company of any claim or suit against the Municipality which, by the terms hereof, the Company shall be obligated to defend, or against which the Com- pany has hereby agreed to save and keep harmless the Municipality and provided further that the Municipality shall furnish to the Company all information in its possession re- lating 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 the Municipality for ex- penses incurred by it in case of the election so to assist. A A7 C]1 SECTION 10. 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 inten- tion that this ordinance shall contain all grants, franchises, rights, permits, licenses and privileges of the Company, and all obligations of the Company in -connection therewith. SECTION 11. Whenever the word "Company" or the words "Illi.nois Bell Telephone Company" .are used in this ordinance, trey shall be construed to mean the'Illinois Bell Telephone Company, its lessees, successors and assigns, and this ordinance shallbe bind- ing upon and inure to the benefit of the Company, its lessees, successors and assigns. SECTION 12. This ordinance 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 executed by its proper officers thereunto duly authorized, under the corporate seal of the Company, and attested by its Secretary or Assistant Secretary. SECTION 13. Under the terms and conditions stipulated in Section 6, hereof, the Company will furnish three hundred twenty-eight (328 ) individual line business telephones during the first one year period of this ordinance. As of the beginning of the second and each succeeding one year period hereof, the Company shall determine the number of its telephones within the corporate limits of the Municipality. During each of these succeeding one year periods, one telephone, in addition to the number provided during the first one year period, will be furnished to the Municipality for each two hundred fifty (250 ) telephones by which the number of telephones in service within the Municipality exceeds 82.000 C, d PASSED this v day of�W� City Clerk A. D. 19 APPROVED this day of �A. D. 19. Mayor STATE OF ILLINOIS COUNTY OF COOK CITY OF EVANSTON SS I tts. ° 7aw-ow City Clerk of the City of Evan4s"- Cook County, Illinois, do hereby certify that I am the keeper of the ordinances of said Municipality; an I he Tnib and foregoing is a true, correct and complete copy of Ordinance Number passed by the City Council of said Municipality on h-e day of D. 19 and approved by the Mayor thereof on the e` day of A. D. 19 as appears from the records of said Municipality. * IN WITNESS WHEREOF, I have hereunto set my hand as City Q- r'lerk of said Njjjnicipality and have hereunto affixed the seal thereof this day of A. D. 19. *"'v City Clerk