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32-0-58� "
AN ORDINANCE
Granting to the Illinois Bell Telephone
Company, its lessees, successors and
assigns, certain rights in the City of
Evanston, Cook County, Illinois
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON,. COOK COUNTY, 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
Evanston (hereinafter for convenience called the Municipality),
lines of polkes, 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 tele-
phone business, for the'period of thirty (30) years from and
after the effective date of this ordinance and thereafter
until terminated by sixty (60) dayst written notice, either
by the Municipality to the Company, or by the Company to the
Municipality.
SECTION 2: The location and height 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 said Company within the Municipality are hereby approved,
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 Director of Public
Works of the Municipality, or such officer as may be desig-
nated 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 thorough-
fares of all 'aerial wires and cables hereafter constructed
shall conform' to the requirements of the Illinois Commerce
Commission or other regulatory body having jurisdiction there-
of. 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 is notified thereof in
writing at least thirty (30) days prior to the commencement
thereof, 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,
separatiomm or alteration of railroad crossings or is incident
to any such arrangement, separation or alteration. The tops
of all vaults constructed by said Company within the Munici-
pality shall present an even surface with the pavement at the
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point where laid, and, subject 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 required by the governing body of the Municipality when-
ever the grade of the street or alley in which any such
vault is located ma7 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 disturbedzby said Company shall be restored by
it to as good condition as before said sidewalk, pdrkway 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 said Company, as soon as climatic con-
ditions 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.
said Company. Said Comp any,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, erpair or renewal
work performed hereunder as will reasonably avoid damage to
life, limb and property.
t SECTION 41 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 structures 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 every kind, that may. arise by, reason thereof;
provided, ethat notice in writing shall be immediately given
to said Company pf any claim or suit against the Municipality
which, by the terms hereof, the `said Company shall be obligated
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 infor-
mation 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 so to assist.
SECTION 5: In consideration of the foregoing
grant, while said Company is using
any pole or poles erected or maintained hereunder, it sill
permit the Municipality the use of sufficient space for
carrying the Municipalityts police and fire alarm signal wires
by means of one crossarm to be placed, in accordance with the
Company's specifications, 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 space is permitted the Municipality shall be considered,
for the purpose of 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 interfere
with the operation and maintenance of the Companyts equipment
or its use of said poles, and provided further that a thirty
(30) inch 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 fire alarm signal
_ wires shall 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 (59000) volts between con-
ductors, 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 anywire
used for the supply of electrical energy -for lighting,
heating or power purposes,,,carrying a constant potential
alternating current of five thousand (5,000) volts or less
between conductors, or twenty-five hundred (29500) volts
or less normally.to ground, or a cirect current circuit of
seven hundred fifty (750) volts or less to ground, or a
constant current series are or incandescent light circuit
carrying seven and five -tenths (7.5) amperes or less, then
such police or fire alarm signal wire shall be attached to
such pole at a poiht not less than four (4) feet below such
wire used for the supply of electrical energy. The Munici-
pality shall, at its own expensei 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
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.
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SECTION 6t So 1 ong as said•Company exercises
a nd enjoys the rights granted to it hereunder, It will fur-
nish to the Municipality, free of charge, three hundred (300).
individual line business telephones for business oftthe
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: Appli-
cation therefor 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 Munici-
pality, 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 furbished hereunder shall be made
by said Company without expense to the Municipality. In lieu
of all or some of said individual line business 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 to 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
available to subscribers under an optional schedule. No
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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 Company will restore such service and
facilities*promptly upon receipt of notice of such inter-
ruption or failure.
SECTION 7:: The Company after five (5) days'
written notice from the Director of Public Works 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 deter-
mination 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 a ny amount of cush
deposit remain unexpended, after deducting the actual cost
involved, said amount shall be returned to the partymaking
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 Com-
mission or of any other body, board, commission or court of
competent jurisdiction, 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 for•
feiture 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 reasonable
opportunity afforded it to comply with the provisions hereof
or to prove that such compliance 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 Company 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.
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 of 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: '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 lessees,
successors and assigns, and this ordinance shall be binding
upon and inure to the benefit of the said Company, its
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lessees, successors and assigns-.
SECTION ll : This 'ordinance shall be, in full
force upon receipt, by the Clerk
of the Municipality, of the Caompany' s writ ten and, uncon-
,ditional acceptance of all of the provisions of this ordinance
r executed by its* proper officers thereunto- duly- authorized,
'under the corporate seal of said Cpmpany, and attested by
its Secretary or Assistant Secretary.
INTRODUCED: August 18, 19.58
ADOPTED:' August 25, 1958
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APPROVED: August 25, 1958
`/a/ J. R. Kimbark .
Mgyyor `
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