[Adopted 2-3-1953; last amended 7-2-1985 (Art. IV, Ch. III, Section I,
of the 1993 Code)]
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 Crystal
Lake (hereinafter for convenience 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.
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 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 Commissioner of Streets and Public Improvements
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 the 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, said Company, provided it is notified
thereof in writing at least 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.
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
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 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 condition
as before 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.
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, that notice in writing
shall be immediately 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 Company 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.
In consideration of the foregoing grant, while
said Company is using any pole or poles erected or maintained hereunder,
it will permit the Municipality the use of sufficient space for carrying
the Municipality's 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 Company's equipment or its use of
said poles, and provided further that a thirty-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 400 volts, nor if the transmitted power exceeds 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 5,000 volts between conductors, or 2,500 volts normally
to ground, or a constant potential direct current exceeding 750 volts
to ground, or a constant current series arc or incandescent light
circuit, carrying in excess of 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 any wire used for the supply of electrical
energy or lighting, heating or power purposes, carrying a constant
potential alternating current of 5,000 volts or less between conductors,
or 2,500 volts or less normally to ground, or a direct current circuit
of 750 volts or less to ground, or a constant current series arc or
incandescent light circuit carrying 7.5 amperes or less, than such
police and fire alarm signal wire shall be attached to such pole at
a point not less than four feet below such wire used for 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,
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 save and keep harmless said Company from
any and all damages, judgments, costs and expenses of any kind which
may arise by reason thereof.
So long as said Company exercises and enjoys the rights granted to it hereunder, it will furnish to the Municipality, free of charge, such number of individual line business telephones for business of the Municipality only, as is specified in §
A700-12 hereof. Said telephones shall be installed in such places within the Municipality as the governing body thereof shall from time to time direct by resolution. Application 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 Municipality, 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 furnished 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 so 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 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 interruption or failure.
The Company after five days written notice from
the governing body 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 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.
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 Commission 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 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 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.
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.
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 lessees, successors
and assigns.
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.
Under the terms and conditions stipulated in §
A700-6 hereof, the Company will furnish 37 individual line business telephones during the first two-year period of this ordinance. As of the beginning of the second and each succeeding two-year period hereof, the Company shall determine the number of its telephones within the corporate limits of the Municipality. During each of these succeeding two-year periods, one telephone, in addition to the number provided during the first two-year period, will be furnished to the Municipality for each 1,000 telephones by which the number of telephones in service within the Municipality exceeds 7,000, until the number of such telephones reaches 10,000. When the number of the Company's telephones in service within the Municipality reaches 10,000, the Company will furnish 40 telephones to the Municipality under the terms and conditions of §
A700-6, and thereafter one additional telephone for each 250 by which the number of telephones in service within the Municipality exceeds 10,000.
So long as the Company exercises the rights granted to it hereunder and so long as the Municipality shall receive the considerations therefor as recited in §§
A700-5,
A700-6 and
A700-7 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 or to the street, alley or public way to be vacated.