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HomeMy WebLinkAboutOrd 2394 12/05/1972 AN ORDINANCE GRANTING TO CENTRAL TELEPHONE COMPANY OF ILLINOIS, ITS LESSEES, SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE RIGHT AND PRIVILEGE FOR A PERIOD OF FIFTY (50) YEARS TO USE THE STRE.ETS, ALLEYS, BRIDGES, RIVERS AND OTHER PUBLIC PLACES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, FOR THE PURPOSE OF ERECTING, MAINTAINING AND OPERATING A TELEPHONE SYSTEM, INCLUDING ALL NECESSARY APPURTENANCES, AND PRESCRIBING CERTAIN TERMS AND CONDITIONS UNDER WHICH SAID COMPANY IS TO OPERATE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE .oF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Central Telephone Company of Illinois, and Illinois corporation, its lessees, successors and assigns (hereinafter referred to as the "Grantee") is hereby granted the nonexclusive permission, authority, right and privilege for a period of fifty (50) years to use the streets, alleys, bridges, and other public places of the Village of Mount Prospect, Illinois (hereinafter referred to as the "Village") as the same may exist from time to time, for the purpose of erecting, maintaining and operating a telephone system, including all necessary appurtenances, and to use, jointly or otherwise, the property of other companies and to permit other companies to use its property under such arrangement as such companies and the Grantee may agree. SECTION TWO: That all poles, wires, cables, conduits or other fixtures installed by the Grantee under this Ordinance shall be located so as not to interfere with the ordinary travel and use by the public of the streets, alleys, bridges, and other public places of the Village and shall be in- stalled under the direction of the Village Engineer, who shall issue per- mits for such installation, if the proposed change or installation con- forms to the provisions hereof. A. 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. B. 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 Village 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 Grantee, 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 connec- tion with the rearrangement, separation or alteration of railroad crossings or is incident to any such rearrangement, separation, or alteration. C. The tops of all vaults constructed by said Grantee within the Village 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 said Grantee to conform to the top of paving or improvement as re- quired by the governing body of the Village 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 THREE: That no person shall move, over the public ways and places within the Village, any building or other object or take any other action which will necessitate the relocation of any of the Grantee's equipment, unless the person proposing to move such building or object or to take such action (hereinafter called the "applicant") shall make application to the Village for a permit. A. After consulting with a duly authorized representative of the Grantee, after considering all factors involved affecting the public safety and possible interruptions in the service fur- . . nished by the Grantee, and after considering whether there are conflicts with other ordinances of the Village, the Vil- lage shall fix the route over which the said building or structure will be moved and shall fix the conditions under which such move shall be made or any other action taken. B. The applicant shall cause written notice to be given the Grantee at least twenty-four (24) hours in advance of the move being commenced or action being taken, stating therein the nature of the building or object to be moved or other action to be taken; the maximum height to which the building or object will extend when moved over and along the designated streets, highways, and alleys; the approved route; the time of commencing; the approxi- mate time to be required in completing the move or other action to be taken; and the conditions under which such move shall be made or other action taken. C. 1he cost of removing and restoring any of Grantee's equipment, including the cost of maintaining temporary service upon all fire and police alarm wires, shall be determined by the Grantee and such estimated cost shall be deposited with the Grantee by the applicant. D. The Village will not issue such permit until the applicant pro- vides the Village with a receipt signed by a representative of the Grantee acknowledging receipt by the Grantee of an amount equal to such estimated cost. I. Upon restoration of Grantee's equipment, Grantee shall submit to the applicant a statement showing the actual cost of re- moving and restoring such equipment, including maintenance of temporary service of fire and police alarm wires. 2. If the actual cost shown on said statement is less than the estimated cost previously deposited, the Grantee shall re- fund the amount received in excess of the cost. 3. If such cost is more than the estimated cost, the applicant shall, upon receipt of such statement, pay to the Grantee the difference between the estimated cost and the actual cost. SECTION FOUR: That the Grantee shall properly repair or replace any sidewalk or street surface which may be displaced or damaged by it in the erection and maintenance of its telephone system.. A. All sidewalks, parkways or pavements disturbed by said Grantee 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 Grantee, then said Grantee, as soon as climatic conditions will permit, shall, promptly, upon receipt of notice from the Village so to do, cause such sidewalk, park- way or pavement to be repaired or restored to as good condition as before said sidewalk, parkway or pavement was disturbed by said Grantee. B. Said Grantee 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 here- under as will reasonably avoid damage to life, limb and property. C. Upon failure of the Grantee to do so and after thirty (30) days' notice in writing given by the Village to the Grantee, the Village may repair or replace such portion of the sidewalk or street surface as may have been disturbed by the Grantee and in such event the Grantee shall pay all costs so incurred by the Village including an additional service charge of $50.00 per - 2 - " , . day for each eight (8) hour day or fraction thereof during which the Village carries out such repair or replacement. SECTI~N FIVE: Nothin~ herein sh~ll be construed as to limit the power of t~e Vlllage to estab~lsh, by ordlnance or resolution, reasonable regula- tlons for the convenlence, safety and protection of its inhabitants as such power now or hereafter exists in the Village. A. The said Grantee shall, at its own expense, defend all suits that may be brought against the Village on account of or in con~ect~on with the.violation by the Granteee of any of the obllgatlons 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 Village~ except where the Village is solely at fault, from a~y an~ all ~amages, judgments, costs and expenses of every klnd~ lncludlng reasonable attorneys' fees (when said fees are incurred by the Village as a result of said Grantee's unjustifiable refusal to defend a claim or suit tendered as herein provided), that may arise by reason thereof; provided, that notice in writing shall be immediately given to said Grantee of any claim or suit against the Village which, by the terms he:eof, the said Grantee shall be obligated to defend, or against WhICh the Grantee has hereby agreed to save and keep harmless the Village and provided further that the Village shall furnish to said Grantee all information in its possession relating to said claim or suit, and cooperate with said Grantee in the defense of said claim or suit. B. ~he gover~ing body of the Village may, if it so desires, assist l~ defendlng any such claim or suit, but solely under the direc- tlon of. the Grant~e or its attorneys, and the Grantee shall not ~e :equlred to relmburse the Village for expenses incurred by lt In case of the election so to assist. SECTION SIX: In consideration of the foregoing grant, while said Grantee is using any pole or poles erected or maintained hereunder, it will permit the Village the use of sufficient space for carrying the Village's police and fire alarm signal wires by means of one crossarm to be placed, in accordance with the Granteee's specifications, by the Village at its expense, at the top of the space available for the use of the Granteee on any of said poles, it being understood that the poles upon which space is permitted the Village shall be considered, for the purpose of this agreement, as personal property; provided that such wires shall be so placed and main- tained by the Village that the use of the same will not interfere with the operation and maintenance of the Grantee's equipment or its use of said pole$ The Village 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 rea- son of or in connection with the presence, use, maintenance, erection or removal of the Village's police and fire alarm signal wires and their ap- purtenances pursuant hereto, and hereby agrees to save and keep harmless said Grantee from any and all damages, judgments, costs and expenses of any kind which may arise by reason thereof. SECTION SEVEN: In consideration of the rights and privileges herein granted the Grantee, the Grantee, its lessees, successors and assigns, shall pay to the Village a franchise fee equal to two (2%) percent of the annual gross subscriber station rental revenue hereafter received by the Grantee from its telephone subscribers within the corporate limits of the Village as they are now fixed or may hereafter be extended or re- tracted. A. "Gross subscriber station rental revenue" shall not include amounts received by the Grantee from its telephone subscribers for payments of said two (2%) percent franchise ~e~, any tax levied pursuant to The Messages Tax Act or any slmIlar state law, or any other fee, charge, license, tax or assessment levied upon Grantee, whether paid by Grantee or passed on to and collected by Grantee from its subscribers, in addition to the tariff charges otherwise collected by Grantee. - 3 - B. Said franchise fee shall be paid in semi-annual installments on or before January 31 of each year for the preceding six (6) months' period from July 1 to December 31; and on or before July 31 of each year for the preceding six (6) months' period from January 1 to June 30. The first such semi-annual payment shall be an amount equal to two (2%) percent of the gross sub- scriber station rental rev~nue received by the Grantee from the effective date of this franchise to December 31 or June 30 whichever first occurs. ' C. With the exception of the charges provided for in Para- graph C of SECTION FOUR hereinabove, said franchise fee shall be paid to and shall be received by the Village as compensation in full and in lieu of any and all other fees charges, licenses, taxes or assessments of whatever nature' which shall or may be imposed by the Village on the Grantee. In the event that 'other fees, charges, licenses, taxes, or as- sessments, shall hereafter be imposed by the Village, such other fees, charges, licenses, taxes, or assessments shall be deemed and considered a credit against the said two (2%) per cent fran- chise fee; provided, however, that such monies imposed upon cus- tomers of the Grantee and collected by the Grantee shall be in addition to the said two (2%) per cent franchise fee and shall not be considered a credit against the said two (2%) per cent franchise fee. Furthermore, ad valorem taxes imposed generally upon real and personal property sltuated within the corporate limits of the Village as they are now or may hereafter be fixed and special assessments for special benefits accruing to pro- perty shall not be deemed and considered a credit against the said two (2%) per cent franchise fee and shall not affect the obligation of the Grantee under this Section. SECTION EIGHT: 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 Grantee in any matter or thing herein contained, such in- validity 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 NINE: That all grants, franchises, rights, licenses and privi- leges heretofore made or granted by the Village by ordinance or otherwise to said Grantee and all rights of said Grantee under grants, franchises, rights, licenses and privileges made by the Village to others from which said Grantee 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 Grantee, and all obligations of said Grantee in connection therewith. SECTION TEN: That said Grantee, its successors and assigns, shall file a bond with a responsible surety to be approved by the Village Board of said Village, which bond shall run to the Village of Mount Prospect and be in the penal sum of Two Thousand ($2,000) Dollars, to guarantee the full and faithful performance of all of the conditions of this ordinance to be complied with by the said Grantee, so long as it, its successors, or its assigns, shall operate under this franchise ordinance. Said bond shall be filed with the said Village Clerk within thirty (30) days after the acceptance by the said Grantee of this franchise. Furthermore, nothin, in the provisions of this SECTION TEN shall limit the liability of the said Grantee under this ordinance to Two Thousand ($2,000) Dollars. . . ~ .. ,"'-"""":"''''. , .1 " SECTION ELEVEN: That this ordinance shall be in full force and effect from'and after its passage and approval and upon the filing with the Clerk of the Village, within thirty (30) days after such passage and approval, of Grantee's written and unconditional acceptance thereof. AYES: if NAYS: c5( PASSED and APPROVED this ~ day of _ , 1972. ATTEST: .1~tv .ii!ii::A" ) , v:? !IIC' \. . 'C" .-!.</ <i' ~ '. 'J.:".~,j:~;: .' "! ... J~- "" /~ 'i" ,~~ el . .~... ~.. L.".<' Village ~resident - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .. - - - - - - - - - - - - - - - - - - - - - - - - - - - Central Telephone Company of Illinois hereby presents this, its written and unconditional acceptance of the provisions of a certain ordinance passed by the Board of Trust~s of the illage of Mount Prospect, Cook County, Illinois, on the ~ day of ,~. 19~, and approved by the Presidentthereof on the day of ~.&&.- c. _. , A.D. 1972, entitled, "An Ordinance Granting To Central Telephone Company Of Illinois, Its Lessees, Successors And Assigns, A Nonexclusive Right And Privilege For A Period Of Fifty (50) Years To Use The Streets, Alleys, Bridges, Rivers And Other Public Places Of The Village Of Mount Prospect, Illinois, For The Purpose Of Erecting, Maintaining And Operating A Tele- phone System, Including All Necessary Appurtenances, And Prescribing Certain Terms And Conditions Under Which Said Company Is To Operate", and hereby, in compliance with the terms of said ordinance, files this accep- tance with the Village Clerk of said Village. CENTRAL TELEPHONE COMPANY OF ILLINOIS By: ~ CY/?~~A./ JlI~E.. res ident ATTlA : /" .~~{2 I II ." if ~" j , i ;J.4.A ~ ~/S'r,lJ,/-r Secretary -_.~~.,..-.------,._~-- ----------.-~---~---~"""'.,',""""''"''---'~---,-.--......,'''''''''"''------ - -- --~----"'''''''''''''''_.>_.,...,...,'''~''''.,'''"'''.,.,_,''''''c.''''.W'''''=.~~''''''''''''"''''...'''~,..