HomeMy WebLinkAboutOrd 563 08/13/1957
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AN ORDINANCE GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES,
SUCCESSORS AND ASSIGNS, CERTAIN'RIGaTS IN THE
VILLAGE OF MT. PR03PECT, COOK COUNTY, ILLINOJS
BE IT ORDAINED BY THE PRESIDENT JLlIJD BOi~"D OF T11U.:>T.8E3 OF THE
VILLAGE OF HT. PROSPECT, COOK'COUNTY, ILLINOIS
as follows:
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 VillApe of l'-1t. Pro;3pect
(hereinafter for convenience called the Municipality), lines of poles, anchors, wires, (ables, 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 ~onduct of a general telephone business, for the period of
twenty-five (25) years from and after the effective date of this ordinance and thereafter until terminated
by sixty (60) days' written notice, either by the Municipality to the Company, or by the Company to the
Municipality.
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
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 fjxtures and equipmept (her.ein 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 require-
ments 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 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, separation or alteration of railroad crossings or is incident to any such rearrangement,
separation or alteration. 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, 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 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 re-
stored 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 re-
quires repairing, because of such disturbance by the Company, then said 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 conditio1;l as b.efore said sidewalk,
parkway or pavement was disturbed by 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.
. 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 structures constructed by it under or by virtue of this ordi-
nance, 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 be imme-
diately given to said Company of 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 Com-
pany 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 so to assist.
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SECTION 5. In consideration of the foregoing grant. while said Company, is, using any pole or
poles erected. ,!r lI!-aintain~d ,hereunder; it.wil~permi~ the, Municipality. the use of sujfi~i(mtspace for caq-.:r-
mg the Mumclpallty's pollee and fire alarm. sIgnal WIres by means~ofot1e crossarm to be placed, m accord-
ance with the Company's specifications, .by the Municipality at its' expense,atthe, tcipo{ the space available
forAhe use of the 'Company ,on any of~aid,poles. it being understood that ~h,e pole~ upon which spa~eis
permit~ed the Municipality shall be ,considered, for the purpose of this agreement, 'as personal property ;
provided that such iwires shall be so, placed and maintained by the Municipality'that the use of the same
will notinterlerewiihthe operation and maintenance of the Company'sequipmenf or its use of said 'poles,
and provided further, that a thirty (30) inch climbing space shall be maintaip.ed between the pole pinson
poles, jointly used with another public utility. All such police and fire alarm signal w:ires shall be attached
and maintained under the direction and supervision of said Company's authori~ed representatives; and only
upon the ,following, conditions: No such, police and fire alarm signal wires spal~ ,be' attached, to, any of said
poles of said COl;npany,if such wires" shall carry a voltage of more than four hundred, (:4OQ) volts, nor if the
transmitted power exceeds one hundred fifty (150) watts, nor if, in any pari' 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,OOO) volts between conductors, or twenty-fivehund1ed,(2,s()()):;vo~ts'no~ally
to ground, or a .constant potential direcFcurrent exceeding seven hundred fifty. (7$), volts togt'~undiora
constant current series arc or incandestent light cirtuit, carrying in exces,s of ;seveI1,and five:<tenths. (7.5)
amperes. In ca~e any such police and fire alarm signal wire in any part of its circuitris.supported' 1.1pon, a
pole on which. there is any wire used Jor the 'supply:of. electrical energy for lighting; ,heating 'or power pur...
poses, carrying a constant potential alternating current of five thousand (5.000) volts or less between eon..
ductors, or: twenty-five hundred (2,500). volts or tess normaUY,to groun~, or a dire~tcuttent,<tirt,~it,of~eve?
hundred fifty (750) volts or less to ground, or a constant current senes arCOri/l11candiescent hgnt clrqU1t
carrying seven 'and five-tenths (7.5) amperes or less, then'such police or. fire :alanu'}lignal'wire shall be at-
tached to such pble at a point not less ,than four (4) feet below such wire used fdr: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, liinb or property that may result by reaSon of or in connectioilwith'thepresence, use, main-
tenance, erection or removal of the Municipality's police' and, fire alarm signal wires and their appurtenances
pursuant hereto, ,and hereby agrees to save and keep har.mless said Company from 'any arid aU 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, thirty-three (33) '; i ,: individ.ual line
business telephones for business of the Municipality only. 'Said telephonesshaUbeins-tll.lled in such places
within the ,Municipality as the' governing body thereofsh,all from ti11le toti~e ;di,rect by resolution.
Application therefor shall be made by the Munidpalityon theCompany',s: usqa}:.fnnlH,The Company,
without charge and when directed by resolution ,of the governing body of the Uuriitipality, shall; change
the location of any of said telephones, provided that not more than one such: <:h",n~e'QfJotatjon;in; aJ;ly one
year of any telephone furnished hereunder shall be made by said Company wi~houtexp'f1$e:to'phe Munici...
pality. In lieu'Qf 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 ser:vice 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 he'reunder,>based upon the Company's lawful charges from time tt>titperineffect therefor to
said subscribers, does not exceed the value, on the same: basis, of said indiviclual:lyne':~usinflss telephones.
"Local flat rate exchange service," as used inthisseetipn, shall not be const~ued:to(jnc1udeanYjexten.ded
area service available to subscribers underan;:optili}nal schedule. No liabilityshalk.lIt~hto the ~pa,ny
with 'respect tathe furnishing of said serv:ic$' or fa'eilities, or on account of any failure or interljUption of
said servicebrfa:cilities:, except tbat the, Company' will restore such service ,and,;facilities promptly upon
receipt of notice of:such interruption 01," failure. , '11"
SECTION 7. The Company after five (5) days' written notice from the governing body of the
Municipality to do so, shall remove or raiS6 Or lower-:its structures temporarily to perJiQ.it the,moving ofia
building or any other object along: a highway;~.provide,d.,the benefited party orpafties:,ghaU >ee to pay the
Company an amouJ;ltequal to the actual cost ()foe~ecting such temporatych~nge5' ; in. 'its(strQctUres:;~nd
provided further that, pending the determina!1!ion of such actual cost, the<ben~ted p~rty;orlllarties:,shall
have deposited with the Company an amO'tt1'lt'equal to the cost as estimated by;the ,~mpany. Shouldany
amount of such deposit remain unexpended, afrerdeducting the actual cost involved, said amount shall be
returned to the 'party making the deposit...,. :. ,.( '"
SECTION 8. 1n case ~aid Company shailfail or neglect to comply ~ith 'any orali'~f the-~~o~isions
of this ordinance (unless by order of the Illinois Commerce Commission or of any other body, board,
commission or court of competent jurisdiction, said Company is otherwise directed, or unless the compli-
ance 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 juris-
diction), 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 failureat' 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 invalidi~y or illegality or change shall in no way affect the remaining
provisions of this ordinance, or their ya~idit~o'Tl~~ality, and this ordinance in;.altPlher respects shall con-
tinue in f\1.ll fon:~ and,effect" as if said provisiopor,p,rovisions had not been ~ mti~D'~4, invalid, .or iU~a,l
or' such change d1rected.' ... . . \ , ,) \R J ,. L.I ", ,." "
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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, 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 Com-
pany, its lessees, successors and assigns.
SECTION 11. 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 said Company, and attested by
its Secretary or Assistant Secretary.
PASSED this ../;r..??1... day of .........../i.~(i<<.~T'..........., A. D, 19..-??
....-u/~~...~..~..
Village Clerk
APPROVED this .I~7.t!da~t:L~~~u19~~
11 c r';~~ Pres ident